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(영문) 부산지방법원 2014.08.29 2014가합6667
소유권이전등기 등
Text

1. The defendant has caused the plaintiff to return unjust enrichment with respect to the portion of 1/6 out of the real estate stated in the attached Form.

Reasons

1. Basic facts

A. The plaintiff is the child of the deceased C (hereinafter "the deceased"), and the defendant is the birth of the deceased.

B. On June 7, 1976, the deceased and the defendant each 1/2 share of the real estate stated in the separate sheet (hereinafter “instant real estate”) in the same month.

4. The registration of ownership transfer by sale shall be completed.

C. The Deceased died on May 3, 1993, and the Deceased’s property successors are the Plaintiff, Nonparty D, and E.

On September 22, 1993, the plaintiff, D, E, and the defendant concluded an agreement with the following contents:

A title truster’s heir of the Deceased’s Agreement (Written Agreement)

1.D,

2. E,

3. Indication of the Defendant’s real estate on the part of the Plaintiff, the title trustee, and 1/2 of the Defendant’s share for the purpose of 361.8 square meters

1. The above real estate is owned by the deceased and in trust with the name of the defendant for convenience.

C.2. The above real estate is inherited to the inheritor, D, and E on May 3, 1993 by the deceased on the death of May 3, 1993, and is continuously owned by the title trustee under the name of convenience even after the death.

3. The heir, at any time, shall terminate this title trust agreement and at any time, at the time when the heir requests the return of the real estate, change the title of the said real estate to the title truster’s heir, and immediately issue an order for the said real estate.

E. On the other hand, on October 20, 2008, the Plaintiff set the period of KRW 100 million to the Defendant and lent the loan to the Defendant for five years.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and the purport of the whole pleadings (Evidence No. 2 of this case, the defendant's stamp image part is presumed to be the authenticity of the whole document as the whole is presumed to have been established because there is no dispute over the defendant's stamp image part. The defendant has a defense that this document was affixed

2. Determination on the application for ownership transfer registration

A. According to the facts of the above recognition as to title trust of the instant real estate, the deceased and the Defendant owned the entire instant real estate externally, and the deceased owned the entire real estate.

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