(영문) 부산지방법원 2019.09.05 2019나40116

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(영문) 부산지방법원 2019.09.05 2019나40116

부당이득금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 17, 2016, the Defendant entered into a real estate security trust agreement with C and D (hereinafter “C, etc.”) with respect to ten units of the aggregate building including F subparagraph (hereinafter “instant real estate”) among the E-Land Aggregates in Yangsan City owned by C, etc., on the first beneficiary of the trust principal and C, etc. as the beneficiary of the trust principal and the beneficiary of trust principal and trust proceeds. On the same day, the ownership transfer registration based on the said trust was completed in the future of the Defendant.

B. After doing so, C et al. failed to pay water rates for ten rooms, etc. of an aggregate building, which is a trust property, including the instant real estate, and the Defendant was notified of the payment demand and the pre-announcement of seizure of water charges imposed on the said aggregate building on December 16, 2016.

C. On March 6, 2017, the Plaintiff purchased the instant real estate in KRW 230 million from C, etc., and requested the Defendant to cancel the registration of trust and complete the registration of transfer of ownership based on the trust property reverted to C, etc. in the future. However, the Defendant stated that the said real estate cannot be reverted to C, etc. unless it is paid due to the water rate not paid by C, etc.

On April 11, 2017, the Plaintiff deposited KRW 2 million, the amount equivalent to the unpaid water rate by C, etc., to the Defendant’s account under the name of the Defendant. On the same day, the Defendant cancelled the trust registration of the instant real estate and completed the registration of ownership transfer for reasons attributable to C, etc. in the future.

In addition, the plaintiff also completed the registration of transfer of ownership on the same day on March 6, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff purchased the instant real estate from C, etc., and the Defendant C.

유사 판례

-부산지방법원 2017.11.22 2016가합50200

-서울중앙지방법원 2021.04.08 2020가단5087469

-서울중앙지방법원 2016.03.29 2015가단5286385

-서울중앙지방법원 2014.11.18 2013가단5093428

-수원지방법원 2016.04.06 2015구합913