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(영문) 서울동부지방법원 2016.10.28 2015가합109469
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted on June 17, 1997 that "Seoul Seongdong-gu D Apartment 125 Dong 104, 104 (hereinafter "the apartment of this case") purchased the apartment of this case, and paid all the sales price.

The plaintiff shall, with the consent of the above redevelopment association, transfer the registration name of the apartment of this case to the defendant who is not the plaintiff, and completed the registration of transfer of ownership in the name of the defendant on September 4, 2001 concerning the apartment of this case as of June 17, 1997.

Since the Defendant did not express his intent to the Plaintiff, even though having knowledge that the apartment house of this case was registered in the name of the Defendant, the Defendant did not object to the Plaintiff, it is deemed that there was an implied title trust agreement between the Plaintiff and the Defendant, which is so-called intermediate omission type title trust, and both a title trust agreement and a change in real rights are null and void in accordance with the proviso of Article 4(2) of the Act on

Therefore, in order to preserve the right to claim the transfer registration of ownership against redevelopment cooperatives, the plaintiff should seek the cancellation of the ownership transfer registration under the name of the defendant in subrogation of the redevelopment cooperative. However, since the redevelopment cooperative is liquidated upon completion of its project and its ownership cannot be recovered in the form of ownership transfer, and as a result, the defendant makes the apartment of this case unjust enrichment without any legal cause, as stated in the purport of the claim, the defendant is obligated to return the interest of KRW 158,182,186, total sum of KRW 353,601,031 as unjust enrichment from August 13, 1999, which is the purchase fund of the apartment of this case, as stated in the purport of the claim, and the remainder payment date thereof.

2. The Plaintiff and the Defendant share ownership by bearing the purchase fund of the apartment of this case with regard to the apartment of this case, only on the basis of the entries of Gap's evidence Nos. 1 and 12 (including each number), each of the financial transaction information replys to Han Bank and Ko Bank Co., Ltd., and the Korean National Bank.

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