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(영문) 전주지방법원군산지원 2014.10.14 2014가단51379
소유권이전등기
Text

1. The Defendant shall return to the Plaintiff unjust enrichment regarding the Plaintiff’s share of 1/2 of the real estate listed in attached Tables 2, 6, and 7.

Reasons

1. Facts premised upon the premise (1) around July 10, 1990, the Plaintiff’s wife C purchased each real estate listed in [Attachment List 1, 3, 4, and 5 (hereinafter “first real estate”) from the Korea Electric Power Corporation in the name of D, and D completed the registration of ownership transfer with respect to the said real estate.

(2) The net C shall terminate on May 30, 1996 the title trust agreement with D on real estate 1, and the same year.

6. 24. The registration of ownership transfer based on the termination of title trust is completed.

③ On March 5, 1991, the network C purchases each real estate listed in the separate sheet Nos. 2, 6, and 7 (hereinafter referred to as “second real estate”) from the Korea Electric Power Corporation under its own name, and the same year.

4. 24. Completion of the registration of ownership transfer concerning the above real estate.

④ On June 12, 2009, the Defendant, who is the wife of the deceased C, succeeded to the first and second real estate following the agreement division of inherited property on June 12, 2009 and completed the registration of ownership transfer on each of the above real estate on November 5, 200.

⑤ On November 30, 2009, the Defendant issued to the Plaintiff a written confirmation stating that “The real estate Nos. 1 and 2 was purchased by investing funds in the net C and the Plaintiff, and completed the registration of ownership transfer in the name of the Deceased, and the ownership of each of the above real estate was confirmed by 1/2, respectively, to the Deceased and the Plaintiff.”

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion

A. On May 30, 196, the Plaintiff entered into a title trust agreement with the deceased C to vest the actual ownership of 1/2 shares among the real estate on May 1, 1996, and concluded a title trust agreement with the Korea Electric Power Corporation prior to March 5, 191, to purchase 1/2 shares out of 2 real estate under the name of the deceased C, and to vest the actual ownership in the Plaintiff. Since each of the above title trust agreements becomes null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title trust agreement is deemed null and void.

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