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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The registration of ownership transfer was made on December 19, 1959 with respect to Daegu Nam-gu 88 square meters (219 square meters; hereinafter “previous land”) due to inheritance under D’s name, and the registration of ownership transfer was made on April 6, 1966 under the joint name of E and F2.
E is the Plaintiff’s wife, and F is the mother of Defendant B.
B. The previous land was divided into a road on December 7, 1970 into a land category. On February 3, 1990, the previous land was divided into a C-road 168 square meters (hereinafter “instant one”) and a G road 12 square meters (hereinafter “instant two land”) and a H road 111 square meters (hereinafter “instant three land”).
C. On March 4, 191, the instant land was registered for transfer of ownership in the name of Nam-gu, Daegu Metropolitan City on the ground of “the acquisition of public land by consultation on February 25, 191.” D. On December 29, 2004, with respect to the title 1/2 of the instant land among the instant land, the registration of transfer of ownership was made on the ground of “the inheritance by consultation on April 8, 1997” in the name of Defendant B.
E. On March 7, 2016, Defendant B entered into a sales contract to sell 1/2 shares out of the instant land at KRW 9.3 million (hereinafter “instant one contract”) between Defendant B and (tentatively named) the District Housing Association Establishment Promotion Committee, and concluded a sales contract to sell 1/2 shares out of the instant land at KRW 6.7 million (hereinafter “instant two contracts”). On April 28, 2016, Defendant B concluded a sales contract to sell 1/2 shares out of the instant land at KRW 6.7 million (hereinafter “instant two contracts”).
The Defendant Center did not pay the purchase price (including the contract price) to the Defendant B until now.
[Reasons for Recognition] Items A through 7, 8 through 12, and the purport of the whole pleadings
2. The Plaintiff, which caused the Plaintiff’s claim, purchased the previous land and held title trust to E and F.
Defendant B, as a title trustee, had the obligation to implement the procedure for ownership transfer registration on the land of this case 1 and 2, sold the instant land 1 and 2 to Defendant FOB, etc.
Therefore, Defendant B paid the amount equivalent to the purchase price to the Plaintiff with unjust enrichment or claimed the purchase price.