부당이득금반환
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.
1. Basic facts
A. The deceased G (the deceased on August 29, 2012, hereinafter “the deceased”) had been operating from around 1989 to the person who established and opened the International Institute of Research (the name of the Gu: NIN; hereinafter “IA”) on the H of the Nam-gu Incheon Nam-gu, Incheon. The Plaintiff A and B are the deceased’s children, the Plaintiff C is the deceased’s legal spouse, and the Defendant is the deceased’s birth.
B. As to the unit E building Nos. 604 to 607, 701 to 707 (hereinafter collectively referred to as the “instant real estate”), the sales price of KRW 1,081,249,50 (i.e., the remainder of KRW 200 million, KRW 81,249,550, in the name of F and the defendant (i.e., the remainder of KRW 200,000,000, KRW 881,249,550, and the remainder shall be paid at the time of completion) was concluded (hereinafter referred to as the “sale contract in this case”), and thereafter, the payment of KRW 200,000,000 was made to the Dongww Industry Development Co., Ltd. as the money of the deceased.
C. On November 30, 2001, the registration of ownership transfer was completed on October 19, 2001 in the name of F and the defendant with respect to each one-half share of the instant real estate.
After that, the instant real estate was used as the principal institute of the International Institute of Research and Development (hereinafter referred to as the “Korea Institute of Research and Development”).
E. Of the instant real estate on October 22, 2003, the registration of ownership transfer was completed in the name of O on September 25, 2003 with respect to Nos. 604 through 607 (F 1/2 shares and Defendant 1/2 shares) among the instant real estate on October 22, 2003.
F. The transfer registration of ownership was completed in the name of P on June 18, 2004 on the part of F with respect to 1/2 shares of F in relation to 701 to 707 of the instant real estate on June 28, 2004 on the ground of sale as of June 18, 2004.
G. On November 7, 2014, the registration of ownership transfer was completed in Q’s name on the ground of sale due to the voluntary auction of the same date with respect to subparagraphs 701 through 707 (P’s 1/2 shares and Defendant’s 1/2 shares) among the instant real estate.
[Reasons for Recognition] Facts without dispute, Gap 1-7, 28, and 56 (including branch numbers in case of additional numbers; hereinafter the same shall apply), some of witness F of the court of first instance, and all of the arguments.