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(영문) 서울동부지방법원 2018.04.12 2017가합100534
진정명의회복을위한소유권이전등기청구의소
Text

1. Defendant B shall recover the Plaintiff’s authentic title with respect to each of the 1/2 shares of each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The status of the party is that the Plaintiff was a school foundation that maintains and manages E schools, F schools, and the network G was the Plaintiff’s director in 1985, and Defendant B was the president of the Plaintiff in the same year.

The defendants are the formal relationship with the children of the net G.

B. The Plaintiff’s real estate disposition (1) passed a resolution of the board of directors to dispose of the instant real estate owned by the Plaintiff on July 27, 1985, and obtained permission from the superintendent of the Office of Education of Busan Metropolitan City on December 30 of the same year to dispose of the basic property for profit.

(2) On December 31, 1985, the Plaintiff drafted a sales contract that sells the instant real estate to H and a purchaser of H as KRW 40,000,000.

(3) On June 21, 1996, H completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) on the instant real estate on December 31, 1985.

C. (1) The Defendant B filed a lawsuit against H for the execution of the procedure for ownership transfer registration on the ground of unjust enrichment regarding the instant real estate and obtained a favorable judgment on April 29, 2004 (Seoul District Court Decision 2004Gahap529), and the above judgment became final and conclusive around that time.

Defendant B completed the registration of ownership transfer based on the return of unjust enrichment on April 29, 2004 with respect to the instant real estate according to the above final judgment on July 14, 2004.

(2) On December 8, 2010, Defendant C was sentenced to the judgment against Defendant B on the following grounds: “The registration procedure for transfer of ownership on the portion of 1/5 of the instant real estate shall be implemented on June 15, 1995 as to the portion of 1/5 of the instant real estate” (Seoul High Court 2009Na9982); and the said judgment was finalized on April 28, 201.

On July 14, 2011, Defendant C completed the registration of transfer of ownership based on the inherited property distribution contract dated June 15, 1995 with respect to the portion of 1/5 of the instant real property according to the above final judgment.

(iii).

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