Relevant Legal Provisions

Civil Code Article 179：A person who, without a legal cause, has been unjustly enriched at the expense of another shall return the benefit. The same shall apply if a legal cause originally existed but has subsequently ceased to exist.

Facts and Reasons

The plaintiff (our client)'s husband made a will bequeathing all of his property to the plaintiff. Among these assets was a house that had been registered under the defendant's name through a nominee arrangement. After the husband's death, the house should have been inherited by the plaintiff. Subsequently, due to urban renewal, the defendant received allocation of property, relocation compensation, supplemental payments, and other related benefits. Despite knowing that the disputed house was registered under his name merely as a nominee, the defendant sold the property and refused to return the allocated property, relocation and moving expenses, supplemental payments, and proceeds from the sale to the plaintiff. Consequently, the plaintiff filed a lawsuit.

Judgment

In the above case concerning the claim for transfer of real property ownership registration, the defendant shall register the transfer of ownership of the real property listed in the attached schedule to the plaintiff, and shall pay the disputed amounts to the plaintiff together with interest calculated at an annual rate of 5% until full repayment.

Based on witness testimony and evidence, it has been established that the plaintiff's husband originally registered the property under the names of his children for tax considerations, while in fact he retained management, disposal, and benefits of the property. This confirms the existence of a nominee registration arrangement. Furthermore, since the will expressly stated that all estate assets were to be disposed of by the plaintiff, the house in question should be inherited by the plaintiff.

In conclusion, pursuant to Article 179 of the Civil Code，the plaintiff's claim that the defendant shall transfer ownership registration of the allocated property in dispute to the plaintiff is well-founded and should be granted.
 

Attorneys：Vincent Huang、Webber Huang、Hsuan Su