beta
(영문) 부산지방법원 2015.03.13 2014가단214188

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. The network E was married with F and resulted in the Defendants, and was divorced from F on July 20, 2004, and again brought the Plaintiff on the B and the Republic of Uzbekistan’s nationality.

B. On March 11, 2012, the deceased on March 11, 2012, the Plaintiff and the Defendants inherited the deceased’s property at the ratio of 3/9, his wife B, and 2/9.

C. B and F, on behalf of the Plaintiff and the Defendants, who are minors as of July 17, 2013, calculated the total value of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) out of the deceased E’s inherited property as KRW 610 million and concluded a sales contract with the content that the Plaintiff purchases the Defendants’ shares in KRW 272 million equivalent to the Defendants’ shares in the amount of KRW 4/9 (hereinafter “instant sales contract”).

B paid to F on July 17, 2013 KRW 225 million out of the purchase price, and written a loan certificate for the remainder of KRW 47 million.

E. The Defendants transferred all their shares to the Plaintiff on August 8, 2013.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 4, purport of whole pleadings

2. The Plaintiff’s assertion F is that B, who is a national of the Republic of Uzbekistan and is not aware of the real estate market price of the Republic of Korea, deceiving the actual transaction price of each of the real estate of this case as if it had value of KRW 683 billion, and decided as the standard for 610 million and purchased the Defendants’ shares, by taking advantage of the fact that the actual transaction price of each of the real estate of this case is less than KRW 300 million.

Therefore, B entered into the instant sales contract due to mistake caused by F's deception, and thus the said sales contract is revoked on the grounds of deception or mistake.

However, since the right to collateral security established on each real estate of this case has been cancelled and it is difficult to restore it to the original state practically, the Defendants received from the Plaintiff each of the KRW 112,500,000 = 22,500,000 from the Plaintiff ±.