부당이득금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On March 200, the Plaintiff and the Plaintiff’s mother C (Death) purchased approximately KRW 39,000,000, approximately 33,000,000 each of the D Apartment 202, Dong 614, Yeongdeungpo-gu Seoul Metropolitan Government, and received the registration of ownership transfer in the Defendant’s name, and the title trust relationship between the Plaintiff, C and the Defendant was established as to the above 614.
B. On June 14, 2003, the Plaintiff sold the above apartment at KRW 120,000,000, and purchased KRW 120,000,00 in the name of the Defendant, Yeongdeungpo-gu Seoul Metropolitan Government D apartment at KRW 202,00,00, and completed the registration of ownership transfer under the name of the Defendant, and the registration of ownership transfer was completed under the name of the Defendant. The title trust relationship between the Plaintiff, C and the Defendant was re-established
C. However, around May 17, 2008, the Defendant sold the above Nos. 1201 to E in KRW 295,000,000, while entering into a lease contract with respect to the above Nos. 1201, which is 135,00,000, and resided therein.
On May 20, 2008, the defendant purchased F apartment 203 Dong 1201, Yeongdeungpo-gu Seoul, Seoul, on May 20, 2008, the difference between the above sale price and the deposit money.
After that, the Defendant sold the apartment in KRW 240,500,000.
On June 2008, the Plaintiff, C, and the Defendant agreed to settle the sales price of F apartment 203 203 dong 1201 and 240,50,000 dong 1201 and D apartment 202 dong 1201, and KRW 135,000,000. The Plaintiff’s amount to be settled shall be the sum of KRW 240,50,000 and KRW 135,00,000, the sum of KRW 375,50,000, and KRW 375,50,000, and KRW 203,395,83, which is the Plaintiff’s share of KRW 39,791,666, among others, the Plaintiff shall claim damages for delay.
E. When the Defendant sells D Apartment 202, 1201, 1201, the Plaintiff returned money equivalent to 39/72 of the Plaintiff’s share to the Plaintiff when selling KRW 295,00,000,000, and there was an express and implied agreement between the Defendant, so the Plaintiff as preliminary, sought payment for the Defendant, 159,791,666 won (i.e., KRW 295,00,000 plus KRW 39/72) and damages for delay.
2. Determination
A. The plaintiff, C, and the defendant around the beginning of June 2008 No. 203 Dong 1201.