logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.02.09 2016가합53008
소유권말소등기
Text

1. Of the instant lawsuit, the part demanding the cancellation of the registration of ownership transfer concerning the land listed in attached Table 3.

Reasons

1. Basic facts

A. On October 5, 2007, the Defendant completed the registration of ownership transfer in the name of each of the Defendant on the land listed in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”). On October 1, 2007, the land listed in paragraphs (2) and (3) of the annexed Table No. 2 of the annexed Table No. 2 and paragraph (3) of the annexed Table No. 3 (hereinafter “the land listed in paragraph (2) of the annexed Table No. 2”) as to “the instant land” and “the land listed in paragraph (3) of the annexed Table No. 3”).

B. On July 20, 2010, the Defendant completed the registration of preservation of ownership in the name of the Defendant by the Changwon District Court No. 63871 as to the building listed in paragraph (4) of the [Attachment List (hereinafter “instant building”).

C. From around January 1998, the Plaintiff was in de facto marital relationship with C, and C died on January 18, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, 3, Gap evidence 7-1, Gap evidence 19-3, the purport of the whole pleadings

2. The plaintiff's assertion

A. 1) The Plaintiff, as a representative of D, E, and F, has operated a project, such as real estate development and housing construction, along with C, as the Plaintiff, as a representative of D, E, and F. The Plaintiff and C purchased the instant land. In the event that the registration of ownership transfer is completed under the Plaintiff’s name, the tax problem arises and C did not repay the debt of the past business, and thus, C made a contract title trust for the purchase of the instant land 1 and 2 to the Defendant.

3) Although the title trust agreement on the land Nos. 1 and 2 concluded between the Plaintiff C and the Defendant was null and void, the change in real rights on the land Nos. 1 and 2 of this case is valid since the seller was unaware of the title trust agreement at the time. Accordingly, the Defendant, who acquired the ownership of the land Nos. 1 and 2 of this case, made unjust enrichment equivalent to the purchase price on the land Nos. 1 and 2 of this case, and the Plaintiff, who concluded a title trust agreement with the Defendant on the purchase of the land No. 1 and

arrow