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(영문) 대구지방법원 2017.08.24 2016가합206486
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are children of network E (Death January 9, 2015) and networkF (Death on July 14, 2012).

B. On April 2, 2013, Nonparty G, a fraud in the network E, entered into a sales contract with Nonparty H on April 2, 2013, under the direction of the deceased, that the purchase price shall be KRW 680,000,000 for the Seocho-gu Seoul International Apartment 106 Dong 1005 (hereinafter “instant apartment”) and the down payment shall be KRW 100,000,000 on May 10, 2013.

C. On May 2, 2013, the registration of transfer of ownership in the name of the defendant was completed for the above apartment on the grounds of the above sale.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, 2-1, 2-6, and 13, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) The plaintiffs' assertion and the defendant purchased the apartment of this case from the non-party H who did not know the fact of the above title trust agreement after concluding the contract title trust agreement on the apartment of this case, and completed the registration of ownership transfer in the name of the defendant. However, the above title trust agreement between the plaintiffs and the defendant is null and void by the law on the registration of real estate under the name of the right holder. Since the defendant acquired the ownership of the apartment of this case in accordance with Article 4 (1) 2 of the above law and the defendant acquired the ownership of the apartment of this case, the defendant who is the title trustee, was unjustly entitled to pay the purchase amount of the apartment of this case to the plaintiffs. Thus, the defendant's assertion that the defendant has a duty to pay the purchase amount of the apartment of this case to the plaintiffs as stated in the purport of the claim amount of each purchase fund.

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