(영문) 서울동부지방법원 2018.10.18 2017가합107115

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(영문) 서울동부지방법원 2018.10.18 2017가합107115

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the defendant's female living and mainly resides in Hong Kong.

B. On May 18, 1985, the Plaintiff and the Defendant completed the registration of ownership transfer with respect to each of 1/2 shares out of 303.8 square meters in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land”). On October 4, 1993, 5/6 shares out of the instant land were jointly owned by the Defendant, and the remainder of 1/6 shares were jointly owned by the Plaintiff, and the registration of correction (hereinafter “registration of correction of this case”).

C. On April 20, 1996, the defendant newly constructed a neighborhood living facility building on the land of this case and its neighboring land (Seoul Gwangjin-gu D, E), and occupies each of the above land.

On April 1, 2015, the Plaintiff donated the remainder of 1/6 shares out of the instant land to the Defendant, and completed the registration of ownership transfer on the same day.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 5, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) First, the registration of correction of this case is based on the Defendant’s written application, etc. without the Plaintiff’s consent or delegation and is null and void. As such, the Defendant is obliged to register the transfer of ownership for 2/6 shares out of the land of this case to the Plaintiff on the land of this case. Moreover, the Defendant constructed and possesses a building on the land of this case. As such, from August 1, 2008 to March 31, 2015, the Defendant shall return KRW 365,174,00 in total as unjust enrichment equivalent to the rent corresponding to 1/2 shares out of the land of this case from April 1, 2015 to April 31, 2015, and KRW 365,174,000 in total as unjust enrichment equivalent to the rent corresponding to 2/6 shares. Even if the registration of correction of this case is valid, the Defendant shall return the Plaintiff’s rent corresponding to the Plaintiff’s 1/609/60 of this case’s farmland.

2. Judgment 1 of this case

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