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(영문) 서울중앙지방법원 2016.06.30 2015가단5022956

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 1, 1978, E and F completed the registration of ownership transfer on the Jongno-gu Seoul Metropolitan Government D Site and Building (hereinafter “instant building”) as one-half shares, respectively.

B. Defendant B is the husband of F, and the Plaintiff is the father of Defendant B and F’s wife, and Defendant C is the mother of F.

Defendant C, after Defendant B, F, and Plaintiff, etc. moved to the United States in the 1980s, managed the instant building from the date of closing argument to the date of closing argument of the instant building, and until February 201, Defendant C settled and paid the profit of the instant building to Defendant B.

C. On August 15, 2002, F bequeathed its entire property to the Plaintiff, including the instant real property shares.

F was hospitalized on August 21, 2003. The Plaintiff entered Korea and completed the registration of transfer of ownership on August 21, 2003 with respect to F’s 1/2 shares of the instant building on the same day donation, using a power of attorney granted from F in addition to a testamentary document.

E. In order to recover the 1/6 shares held in title trust to F, Defendant C consulted with the Plaintiff and Defendant B by having her children residing in the U.S. at the time of the agreement with the Plaintiff. During such agreement, G adjusted and adjusted between Defendant B and the Plaintiff that the Plaintiff would return all shares transferred to the Plaintiff, upon the Plaintiff’s request on September 5, 2003, prepared each letter (No. 2) from Defendant B, and delivered it to the Plaintiff, and the profit of Defendant B’s instant building was delivered to the Plaintiff on the same day.

F. Each letter (Evidence A2) written by Defendant B to the Plaintiff is that one-half of the 2/6 shares remaining after transferring to H among the shares in F’s name is recognized as the Plaintiff and the remaining one-half of the shares is promised to be transferred to F in the name of F.

G. According to such an agreement, the Plaintiff prepared a power of attorney to delegate the transfer of 1/6 shares to Defendant C, and was authenticated by a consular official on September 10, 2003, and 1/6 of the remaining shares of 2/6.