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(영문) 서울남부지방법원 2020.12.24 2019가합112411
소유권이전등기
Text

1. On October 1, 2019, Defendant C: (a) KRW 184,00,000 for each of the Plaintiffs; and (b) KRW 46,00,000 for each of the said money; and (c) KRW 46,000 for each of the said money.

Reasons

1. Basic facts

A. The plaintiffs are married couple.

The deceased E (hereinafter “the deceased”) is the spouse of Defendant C, and is the mother of F(1 South), Plaintiff B(1), G(2) and Defendant D(2).

B. 1) The Yeongdeungpo-gu Seoul Metropolitan Government H Apartment I (hereinafter “instant apartment”).

On April 26, 2003, a sales contract was prepared by the deceased to purchase KRW 46 million from J on the same day (Evidence No. 1. 2) with respect to the apartment of this case. However, on the same day, the remaining contents were the same as above, but the sales contract was prepared separately with the deceased and the F recorded in the column of the buyer, and only with the seal affixed by the deceased.

(A) evidence of heading 1, 9.c.

After the conclusion of the sales contract, the deceased completed the registration of ownership transfer on June 24, 2003 with respect to the instant apartment on and after the death of the deceased. (2) On December 30, 2012, Plaintiff B, Defendants, F, and G entered into an agreement on the division of inherited property with the Defendant C having the shares of 8/10 among the instant apartment on and after December 30, 2012. Accordingly, on June 27, 2013, the Defendants completed the registration of ownership transfer with respect to each of the instant apartment units.

3) Thereafter, on October 28, 2015, Defendant D completed the registration of ownership transfer with respect to the above 8/10 shares of Defendant C on the grounds of sale as of October 28, 2015. [The fact that there is no dispute over grounds for recognition, and the purport of the whole pleadings and arguments stated in subparagraphs A, A, B, and B, respectively.

2. Summary of the parties' arguments

A. Under the title trust agreement between the plaintiffs and the deceased, the apartment of this case was purchased in the name of the deceased.

Even if the seller J acquired full ownership of the deceased after the death of the above title trust agreement, the deceased shall return to the plaintiffs unjust enrichment of the amount equivalent to KRW 46 million.

However, since the deceased died and the Defendants acquired ownership of the apartment of this case and accordingly succeeded to the above obligation to return unjust enrichment, their shares.

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