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(영문) 의정부지방법원 2014.02.14 2013가합3153

부당이득반환

Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

3...

Reasons

1. Facts of recognition;

A. On January 21, 1958, the registration of preservation of ownership was completed in the 2,033 square meters prior to H in Yangyang-si, Nam-si (hereinafter “instant land”).

B. On January 26, 1988, L's 1/4 shares in the land of this case were completed on May 26, 1987 on the ground of inheritance due to the consultation division, and on November 20, 1965, the ownership transfer registration was completed on November 20, 1965 on the same day.

J The 1/4 shares were transferred on April 12, 2006 to N on January 5, 2006 due to the inheritance by agreement division.

C. On February 6, 2012, the net A, N, M, and K sold the instant land to O and P for KRW 1,230,000,000,000 as the down payment on the date of the contract, and agreed to receive KRW 1,107,00,000 as the remainder on April 6, 2012.

The net A was paid KRW 307,500,000, total of KRW 25,000,000, around October 6, 2012, from O and P, as the buyer, and KRW 307,50,000,00.

On April 6, 2012, the registration of transfer of ownership of 1/2 shares of each of the land in this case was completed in the future ofO and P.

E. On September 24, 2012, the net A deposited KRW 155,00,000, out of money paid as sales amount to the Defendant’s account.

F. The network A died on March 31, 2013, and the Plaintiff B’s wife, Plaintiff C, D, E, and F are children of the network A.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 30, the purport of the whole pleadings

2. Judgment on the principal lawsuit and counterclaim

A. The plaintiffs' assertion 1) The plaintiffs asserted that the deceased Gap paid KRW 155,00,000 out of the sales price of KRW 307,50,000 paid by the deceased Gap to the defendant as an organization similar to a clan, which the defendant acquired without any legal grounds, and therefore the defendant is obligated to return it as unjust enrichment to the plaintiffs, who are the deceased's heir, as unjust enrichment. 2) The defendant's assertion that Q45 years of age is the defendant's claim.