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(영문) 광주지방법원목포지원 2014.05.29 2013가합10685

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiffs are children between the non-party deceased E (Death on April 9, 2010) and the non-party deceased F (Death on February 19, 2012, hereinafter “the deceased”). The defendant is a deceased person’s opinion and is a deceased person’s mother.

B. On May 29, 2010, Gohap purchased an apartment house of H 1202 from G and resided with the plaintiffs, and on May 25, 201, on May 25, 2011, Gohap purchased a house of 2nd floor on the first ground (hereinafter “instant house”) of 210,000,000 won and completed the registration of ownership transfer in the name of the defendant.

C. On September 9, 201, 201, the Appellant sold the apartment units of the H 1202, and on October 5, 2011, the Appellant was under the Defendant’s care while moving to the instant housing, which is the Defendant’s residence, along with the Plaintiffs.

In April 2010, the deceased began to receive medical treatment with an unidentified acute infection, and around November 2010, after receiving diagnosis of the climatic climatic climatic cliffa, the deceased died on February 19, 2012, where he was hospitalized in the East University Hospital.

[Ground of recognition] Unsatisfy, entry of Gap evidence 12, purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion that they donated the housing of this case to the defendant was subject to the condition that the defendant support the plaintiffs after the deceased's death. The defendant violated such support obligation after the deceased's death, and on the other hand, the contract between the deceased and the defendant as to the housing of this case is a donation contract under which the contract between the deceased and the defendant as a third party is a contract for the plaintiffs or the "support obligation to the plaintiff" as a condition of rescission.

Therefore, as a beneficiary of the above-paid donation contract, the Defendant is primarily liable for damages arising from nonperformance, or ② as a result of the fulfillment of the condition of rescission, and each of the Plaintiffs is liable for the payment of KRW 105,00,000 and delay damages.

B. The instant housing in KRW 210,000,000 by the Appellants.