부당이득금반환
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The expansion from the trial.
1. Basic facts
A. The relationship 1) The Plaintiff married with the deceased C on May 14, 2003, and the deceased on February 23, 2014. The deceased on the deceased C was the heir of the deceased and four children (D, E, F, and G are not the Plaintiff’s children).
2) The defendant is the husband of E and the husband of the network C.
B. The net C is a Si integrated construction company (hereinafter “Si comprehensive construction”) under the Defendant’s name, including the instant payment agreement and the conclusion of the instant sales contract.
(B) On May 27, 1998, the building at Gwangju City (hereinafter “H building”) held a claim for the construction cost as against the Plaintiff, but as payment for the construction cost between the time comprehensive construction and the time comprehensive construction.
) An agreement to receive nine households under 101 Dong 1015115, 102 Dong 906907109, 103 Dong 710711 (hereinafter “instant payment agreement”) (hereinafter “instant payment agreement”).
A) The Defendant entered into a contract under the name of the Defendant, and thereafter, pursuant to the contract title trust agreement between the deceased C and the Defendant, it appears that the Defendant and the Defendant did not know that the title trust agreement existed with the Defendant succeeded to the claim and the obligation of the time comprehensive construction;
hereinafter referred to as “new shares”
B) On February 27, 2006, 8 households with the exception of 103 Dong 711 among the nine households of the above H building 9 units (hereinafter “H building eight households”).
2) As to the sales price, the sales contract consisting of KRW 445,679,222 (hereinafter “instant sales contract”).
On December 20, 2006, the registration of ownership transfer was completed with respect to eight households of H building under the name of the Defendant (the right to H building 103 Dong 711 was transferred to I on October 1, 2004).
(2) As to the payment of the purchase price at the time of the instant sales contract, KRW 204,452,222 was paid by the Defendant to New Zealand by March 26, 2006, and the remainder was decided in lieu of the Defendant’s acquisition of the lease deposit obligations with respect to the eight households of H building and the obligation to collateral security against the national bank.
Specific contents are the obligation to guarantee the lease deposit for the purchase price in the following table and the same head.