(영문) 수원지방법원 2019.02.15 2018가단507079

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(영문) 수원지방법원 2019.02.15 2018가단507079

부당이득금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on January 28, 2018, and the inheritor and his spouse are D, the deceased’s husband and the Defendant is the deceased.

B. On July 7, 2015, the Defendant entered into a sales contract with E to purchase the real estate listed in the separate sheet (hereinafter “instant real estate 1”) in the purchase price of KRW 100 million, and the same year.

7.0. On October 10, 2014, the Changwon District Court’s registration office was completed as No. 46873. On July 10, 2015, the Changwon District Court’s registration office was received as a pre-sale on the same day, and completed the provisional registration of the right to claim ownership transfer, which was made by the deceased as the person entitled to provisional registration.

C. On November 11, 2016, the Defendant entered into a sales contract with F to purchase the instant real property and the instant real property together with the instant real property at KRW 93 million, and completed the registration of transfer of ownership on November 17, 2016 as the receipt of the Changwon District Court Seowon District Court Head Office No. 53172, the registration of transfer of ownership was completed by November 17, 2016 on the ground of a pre-sale agreement. The Defendant completed the registration of transfer of ownership with the deceased’s right to claim a provisional registration authority under Article 53173 of the receipt of the registration office of Changwon District Court No. 53173 on the ground of a pre-sale agreement.

Meanwhile, between H on August 28, 2017 and H, the Defendant concluded a sales contract with the purport to sell KRW 105,000,000 for the instant real estate No. 2, and completed the registration of ownership transfer in the instant H as the receipt of the Changwon District Court’s registration office on September 22, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion entered into a title trust agreement with the Defendant, and made a title trust agreement.

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