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(영문) 부산지방법원동부지원 2016.12.28 2015가단20447
소유권이전등기
Text

1. The plaintiff's primary claim against the defendant B shall be dismissed.

2. Defendant C among the Plaintiff’s primary claims

Reasons

1. The parties' assertion

A. (1) The Plaintiff’s assertion (1) The primary claim between Defendant C and Defendant C entered into an agreement with Defendant C on the purchase price of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate No. 1”). However, Defendant C entered into an agreement with the Plaintiff on the transfer of the real estate listed in the separate sheet No. 2 (hereinafter “instant real estate No. 2”), which is a half of the said real estate, to the Plaintiff.

Accordingly, the Plaintiff paid KRW 12,00,000,000 in total to Defendant C on behalf of Defendant C, and deposited KRW 98,000,000 in the name of remainder payment.

Nevertheless, Defendant C did not transfer the instant 2 real estate in collusion with Defendant C, and the Plaintiff sought procedures for the registration of ownership transfer of the instant 1 real estate in subrogation of Defendant C, and sought the implementation of the procedures for the registration of ownership transfer of the instant 2 real estate from Defendant C.

(2) A significant portion of the money paid by the conjunctive claimant to Defendant B as the purchase price of the instant real estate was prepared by disposing of the land, such as 1,310 square meters and 1,829 square meters in Busan-gun, Busan-gun, and 1,369 square meters in F. The said land is registered in the name of Defendant C, but the fact is that the Plaintiff trusted in trust to Defendant C.

Therefore, since the Plaintiff is deemed to have actually borne the purchase price of the instant real estate No. 1, the purchaser of the said real estate is the Plaintiff.

(A) When Defendant C purchased the instant real estate from Defendant B, Defendant C agreed to transfer the instant real estate No. 2 to the Plaintiff, which constitutes a title trust agreement, and Defendant C is obligated to return the said real estate as unjust enrichment to the Plaintiff.

Therefore, Defendant C shall implement the procedure for the transfer of ownership based on the return of unjust enrichment or the restoration of authentic title.

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