부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff and the Defendant’s father C (hereinafter “the deceased”) completed the registration of ownership transfer in the deceased’s name on December 11, 1997, No. 145466, which was received on December 20, 1997, with respect to Goyang-gu D apartment 109 Dong 901 (hereinafter “the apartment of this case”).
B. On December 19, 2003, the Deceased completed the registration of transfer of ownership under the name of the Plaintiff and the Defendant, each of 1/2 shares in the name of the Plaintiff and the Defendant, which was based on the donation as of December 15, 2003, received on December 19, 2003.
C. The Plaintiff completed the registration of ownership transfer under the name of the Defendant on December 29, 2005, No. 81533, which was received on December 29, 2005, with respect to the shares of 1/2 of the instant apartment units, to the Defendant.
On February 28, 2006, the Plaintiff filed a tax base return on capital gains (hereinafter “instant return”) with the director of the Ansan District Tax Office (hereinafter “instant return”). < Amended by Presidential Decree No. 17357, Feb. 28, 2006; Presidential Decree No. 24663, Feb. 28, 2006; Presidential Decree No. 2646,500,000; Presidential Decree No. 1/2697, Oct. 1, 2000).
E. On April 26, 2010, the Defendant sold the instant apartment to E and F with the purchase price of KRW 442 million, and completed the registration of ownership transfer in the E and F’s respective shares transfer under the name of E and F, respectively, as the Goyang Registry No. 88738 on July 7, 2010.
【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. Plaintiff’s assertion 1) On December 12, 2005, when the Plaintiff sold shares of 1/2 of the instant apartment to the Defendant on December 12, 2005, the Defendant agreed to pay to the Plaintiff an amount equivalent to 1/2 of the purchase price received after selling the instant apartment to a third party. 2) Accordingly, the Defendant agreed to pay to the Plaintiff an amount equivalent to 135,932,468 won (=the Defendant’s E) as the purchase price or return of unjust enrichment.