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(영문) 수원지방법원 2017.01.10 2016가합70389
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on April 8, 1972 with respect to the Yeongdeungpo-gu Seoul Metropolitan Government 48 square meters (hereinafter “the instant land”) in the name of the Plaintiff on April 8, 1972. On December 20, 1972, the registration of ownership transfer was completed in the name of the Plaintiff’s Mur E, a child of the Plaintiff’s Mur E, and the registration of ownership transfer was completed in the name of the Mur G on September 23, 1976. On November 21, 1993, G was deceased, and on July 13, 1994, the registration of ownership transfer was completed on July 13, 1994 in the name of MurF.

B. When the Defendant died on May 14, 2006, the Defendant completed the registration of ownership transfer on the instant land due to inheritance by consultation and division on December 20, 206, as a seachild of the net F, and the FF died on May 14, 2006.

C. Meanwhile, with respect to the instant land and the 56.2 square meters of the 1st floor house (hereinafter “instant building”), the ownership transfer registration was completed on August 9, 1972 in the name of net F on the building ledger, and the Defendant completed the registration of ownership preservation as to the instant building on July 7, 2014.

On May 19, 2015, the instant real estate was expropriated in Es.S. Seoul Special Metropolitan City Es. (hereinafter “Es.S.”) and the Defendant was paid KRW 379,623,100 as compensation for expropriation.

[Ground of Recognition: Facts without dispute, entries in Gap evidence 1 and 2 (including each number), fact-finding results of this court's E-A Corporation, purport of the whole pleadings]

2. The plaintiff's assertion

A. The Plaintiff acquired the ownership of the instant real estate and held title in around 1972, and the Defendant, the deceased F’s heir, succeeded to the status of the deceased’s title trustee in relation to the Plaintiff.

Since a title trust agreement is null and void, the plaintiff does not clearly state the grounds for invalidation, but the overall purport is to register in the name of the actual right holder of the real estate.

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