부당이득금
1. The Plaintiff, Defendant Korea’s KRW 8,550,902, Defendant A’s KRW 37,448,279, and each of the said money on June 26, 2017.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 9 (including paper numbers) without dispute between the parties or in full view of the following facts:
The registration of ownership transfer (hereinafter referred to as "previous ownership transfer registration") was completed on December 4, 199 on each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") which was originally owned by the deceased B (hereinafter referred to as the "the deceased"), as the Songwon District Court's registration office No. 32883 (hereinafter referred to as the "previous ownership transfer registration") which was received on December 4, 199.
B. C obtained a loan of KRW 250,000,000 from the Defendant, and completed the registration of creation of the right to collateral security of KRW 325,00,000 for each of the instant real estate (hereinafter “instant right to collateral security”) on August 31, 2007.
C. Defendant A, E, and F (hereinafter referred to as “Defendant A, etc.”) who is the wife of the Deceased filed a lawsuit seeking cancellation of ownership transfer registration corresponding to their respective shares in inheritance on the grounds that the Deceased did not donate each of the instant real estate to C, which became final and conclusive on April 10, 2014, on the grounds that “C shall implement the procedure for cancellation of ownership transfer registration equivalent to D’s shares, E’s shares in 6/21 shares, E’s 1/21 shares, Defendant A, and F’s shares in 4/21 shares, respectively.”
(C) The Seoul High Court Decision 2012Na34407, Seoul High Court Decision 2012Na34407, Supreme Court Decision 2013Da586444, supra). D.
Defendant A et al. filed a lawsuit against the Plaintiff seeking consent to the cancellation of the remaining ownership transfer registration except 6/21 of the inheritance shares of C, and the winning judgment was rendered on October 15, 2013 and became final and conclusive around that time.
(See Supreme Court Decision 2013Gahap7185, see Supreme Court Decision 2017Da185, e).
On January 13, 2014, the Plaintiff renounced the part of each of the instant real estate, which is the subject matter of the instant right to collateral security, corresponding to the inheritance shares of Defendant A, etc.