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(영문) 울산지방법원 2015.04.24 2014가단16776
부당이득금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On May 20, 1987, Defendant B completed the registration of ownership transfer on the land of 1382 square meters of D forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant land before the partition”). B. The land before the instant partition was divided from the land before Ulsan-gun, Ulsan-gun on June 26, 200 and January 16, 2013, and the said land was divided into D forest land 982 square meters (hereinafter “instant land”). The Defendant C completed the registration of ownership transfer on the instant land on July 10, 2013 due to donation from the Ulsan District Court on July 14, 2013.

(hereinafter referred to as "registration of ownership of this case"). [Grounds for recognition] The fact that there is no dispute, Gap 2, Eul 1 through 4, the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The principal assertion of the parties (1) Plaintiff’s assertion (A) and Defendant B purchased the land before the instant partition in their respective shares of 990/1382, 392/1382.

The Plaintiff held the title trust of his share of 990/1382 against Defendant B, and had the said Defendant transfer the ownership of the entire land before the instant partition.

(B) Defendant C, who is the legal spouse of Defendant B, has been aware of the title trust relationship with the land prior to the division of this case and requested Defendant B to complete the registration of the instant land in his future.

(C) The Plaintiff terminated the title trust agreement with respect to the share of 990/1382 of the instant land by serving a duplicate of the instant complaint against Defendant B.

(D) Accordingly, Defendant C is obligated to cancel the registration of ownership of this case, and Defendant B is obligated to implement the registration procedure for ownership transfer based on the cancellation of title trust with respect to the Plaintiff’s share of 90/1382 of the instant land.

(2) The Defendants’ assertion (A) merely purchased the entire land prior to the instant subdivision by Defendant B, and the Plaintiff purchased the entire land prior to the instant subdivision.

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