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(영문) 서울중앙지방법원 2017.10.27 2016가합511721

부당이득금

Text

1. The Defendant is null and void of the assignment of claims to Nonparty D Co., Ltd. on March 18, 2014.

Reasons

1. Basic facts

A. On September 5, 2008, the plaintiff (the plaintiff in 1922) prepared a testamentary deed to deliver 1/4 shares to the defendant (the defendant's children) of the first floor H, 60/280 shares in the office of the Gwangjin-gu Seoul Special Metropolitan City E and the F 2nd floor store (hereinafter "G Dong real estate"), 60/280 shares in Jho, 60/280 shares in K, and 60/280 shares in K among Gho real estate, and testamentary gift of Gho real estate L and real estate to his/her wife N,O, and P, and 1/3 shares in Qu 162.3 square meters in Seoul Special Metropolitan City-gu and above-ground buildings (hereinafter "attached 2 list") and 1/4 shares in the 1/4 shares in a testamentary deed to the plaintiff (the defendant's children).

B. Evidence No. 8, 201, G real estate H, L, I among the 60/280 shares, 60/280 shares in H, J, 60/280 shares in K among the 60/280 shares, and 1/4 shares in the attached Table 2 (hereinafter collectively referred to as “each of the instant real estate”) on June 5, 2013, which the Plaintiff owned against the non-resident D Co., Ltd. on March 18, 2014 (hereinafter referred to as “the claim to return the lease deposit of this case”), No. 2, 300,000 won, which the Plaintiff lent to the Defendant on April 23, 2014, the Plaintiff lent on November 21, 2013.

2. KRW 50,000,000, the Plaintiff lent to the Defendant on March 3, 2014

3. 210,000,000 won, among the deposits deposited in the Plaintiff’s Bank Account (T);

4. On September 22, 2014, No. 155,000, among the deposits deposited in the Plaintiff’s Bank Account (U), the Plaintiff concluded a gift contract with the content that the Plaintiff donates each real estate, bonds, cash, etc. to the Defendant as follows from May 24, 2013 to September 22, 2014 (hereinafter “each of the instant gift contracts”).

(2) On June 5, 2013, the Defendant on G real estate H, L, I, 60/280 shares in G, 60/280 shares in J, 60/280 shares in J, 60/280 shares in K, and 1/4 shares in attached Table 2.