(영문) 대구지방법원 2015.01.23 2014나8088 | 리걸엔진

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(영문) 대구지방법원 2015.01.23 2014나8088

부당이득금반환

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1. According to the addition of the plaintiff's new purport of the claim at the trial, the judgment of the first instance is modified as follows.

Reasons

1. Facts of recognition;

A. On May 31, 1990, the Plaintiff and the Defendant agreed to jointly purchase the instant land at KRW 64 million by contributing 32,000,000,000 each of the 32,000,000,000,000,000. The Plaintiff borrowed 1/2 of the instant land in the name of the Defendant and decided to purchase from the deceased JJ, the owner of the instant land (hereinafter “instant title trust agreement”). The Defendant, on May 31, 1990, agreed to purchase the instant land in the name of the Defendant between the deceased JJ and the Defendant on May 31, 199.

Although the accurate sale price is not certain, approximately KRW 64 million is not disputed between the parties, and the sale price on the sales contract is KRW 16,123,000.

B) At the time, the Plaintiff entered into the instant sales contract with D who substantially arranged the instant sales contract under the name of the Defendant and entered into the instant sales contract under the name of the Defendant with respect to 1/2 shares out of the instant land. The Plaintiff entered into the instant sales contract under the name of the Defendant and completed the registration of transfer of ownership with respect to the instant land under the name of the Defendant as of June 5, 1990, the registration of deputy branch branch of the Daegu District Court and the receipt of the instant sales contract under the name of 34237, under the name of the Defendant and the receipt of the payment of the purchase price. (c) The Plaintiff died on August 1, 2005, and jointly succeeded to the property of the Defendant’s wife, K, L, M, and NJ. [Grounds for recognition], without any dispute, Gap’s entry, Gap’s 1, 2, 16 evidence No. 1 (including number No. 1).

2. Judgment as to the main claim

A. In the case of purchasing real estate through another person, the seller agreed to the name of the purchaser and the registration of transfer of ownership in the name of another person, and the seller knows such fact, as the so-called “contract title trust,” the agreement is real estate.

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