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대구지방법원 2016.12.27 2015가단189

부당이득금

Text

1. The Defendant’s KRW 36,380,00 for the Plaintiff and KRW 5% per annum from February 5, 2015 to December 27, 2016.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children of Nonparty deceased Co. (Death on July 13, 2014).

The defendant is in a de facto marital relationship with the non-party D, and is running a restaurant business under the name of D.

B. At the time of death, the deceased C owned one of its own housing (hereinafter “instant real estate”) and one of its own housing (hereinafter “instant real estate”) on the Daegu-gu E site at the time of death.

C. On August 11, 2014, after the death of the deceased C, the Plaintiff and the Defendant drafted a “agreement on the division of inherited property” with the purport that the instant real estate is owned by the Defendant solely.

On August 13, 2014, the Defendant completed the registration of ownership transfer on the instant real estate on the ground of inheritance by the aforementioned consultation division.

E. On September 29, 2014, the Defendant concluded a sales contract with Nonparty F on the instant real estate, and completed the registration of ownership transfer in the name of F on September 30, 2014.

The purchase price was KRW 187,00,000, which was paid KRW 60 million among the real estate in this case, the deposit for the second floor deposit was returned, and the principal and interest of the loan, which was loaned by the deceased C as collateral, was paid KRW 50,000,000.

F. The Defendant sold one Dog self-owned in KRW 3 million, which was a net C.

사. 원고와 피고는 2014. 10. 22.경 전화통화를 하였는데(갑 제5호증의 기재), 당시 피고는 원고가 지속적으로 돈을 달라고 요구하는 것에 대하여 ‘내가 기다려달라 안 카더나, 뭔 잡질을 해서라도 그래 돈 해줄게, 돈 준비 되는대로 전화할게, 내가 당장 돈 4,500만 원이 어딨노, 구하는대로 전화줄게’라는 등의 말을 하였다.

Around October 27 of the same year, the defendant thought "B", and the defendant tried to make up for the difference when he moved to the apartment by arranging the apartment in low-income amount. However, the difference has been considered and has been progress since then, it has been paid back from the lethal and the lethal.