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(영문) 광주지방법원 2015.11.12 2014가합60752

부당이득금

Text

1.(a)

The Appointor E shall provide the Plaintiff A with KRW 30,00,000, and KRW 20,000,000 and each of the said money to the Plaintiff B and C.

Reasons

1. Basic facts

A. Plaintiff A is the wife of the deceased F (the deceased on January 24, 2014, hereinafter “the deceased”), and Plaintiff B and C are the children of the deceased and the Plaintiff A. The Defendant is the son and the son E of the deceased.

B. Plaintiff A had the name of the Philippines as a person of the Republic of Korea. On February 28, 2000, the Deceased and the Deceased were married on October 23, 2003, and the name was changed to “A” on June 5, 2012.

C. On June 15, 2010, the Deceased acquired H apartment 302, 204, 302, and 204 (hereinafter “instant H apartment”) from 75,948,50 won and leased the instant H apartment to I on August 16, 2010 (the remainder of the contract amount of KRW 7,000,000 per contract, the remainder of KRW 63,000,000 per each payment on October 5, 2010).

From the J on August 31, 2010, the Appointed-gu 101 Dong 1501 (hereinafter “instant K Apartment”) deposited KRW 60,000,000 (the contract amount of KRW 3,000,000 on the contractual day, the balance of KRW 57,000,000 on the contractual day, and each payment on October 6, 2010) with the lease deposit amount of KRW 70,00,00,000, the above lease deposit was changed to KRW 70,000 on September 4, 2012, E paid KRW 10,000,00 for the lease deposit increased to J on October 9, 2012.

E. On May 11, 201, the Defendant sold the instant H apartment to L on behalf of the Deceased KRW 147,00,000 (the contractual date of KRW 7,000,000 per contract, the remainder of KRW 140,000 per contract, and the buyer’s acceptance of each payment of KRW 30,000,000 on June 3, 2011), and around that time, remitted KRW 7,00,000 received as the down payment to the Deceased.

F. On September 2014, E was refunded KRW 70,00,000 from J after the termination of the instant lease, and the Defendant was paid KRW 40,00,000 out of the purchase price of the instant H apartment ( KRW 147,00,000, KRW 7,0000 - down payment - KRW 30,000,000 - I lease deposit - KRW 70,000.