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(영문) 인천지방법원부천지원 2019.04.24 2018가합103838

부당이득금

Text

1. The Defendant’s KRW 272,792,590 as well as the Plaintiff’s annual rate from August 5, 2017 to April 24, 2019, and the following.

Reasons

1. Basic facts

A. The plaintiff is the defendant's punishment.

B. On June 4, 2013, the Busan District Court rendered a quasi-incompetent in a case involving the declaration of quasi-incompetent, etc. on June 4, 2013, and appointed the Defendant as the Plaintiff’s guardian.

C. A final and conclusive judgment on June 25, 2013, the Defendant was appointed as a guardian on June 25, 2013, and the Defendant terminated the Defendant’s guardianship against the Plaintiff upon the invalidation of the said quasi-incompetent’s declaration pursuant to Article 2(2) of the Addenda of the former Civil Act (amended by Act No. 10429, Mar. 7, 2011) on July 1, 2018.

The instant real estate was owned by the Plaintiff and the Defendant’s father. D’s death on September 20, 2012, and E (the Plaintiff and the Defendant’s mother) on April 9, 2013, with respect to 3/11 shares of the instant real estate, the registration of ownership transfer was completed for 2/11 shares of each of the instant real estate among the instant real estate to the Plaintiff, the Defendant, F, and G, respectively.

E. On May 4, 2016, the registration of ownership transfer was completed on the ground of donation to the Defendant with respect to the 3/11 share owned by E among the instant real property.

F. On July 12, 2017, Bupyeong-si consulted with the Defendant, who was the Plaintiff’s guardian, to acquire the Plaintiff’s 2/11 equity in the instant real estate in KRW 37.7 billion and deposited the said compensation (hereinafter “instant compensation”) with the H association account in the name of the Plaintiff at the Defendant’s request on July 24, 2017.

The amount of money from the remittance date (won) 30,00,00 one time on July 24, 2017; 600,000 won on July 24, 201; 5,000 won on July 25, 2017; 30,000 won on July 30, 200; 60,000 won on July 36, 2017; 60,000 won on July 30, 207; 30,000 won on July 27, 2017; 30,70,000 won on July 30, 207; 5,000 won on July 28, 2017; 60,7,000 won on July 30, 200, 5,700,000 won on July 30, 2005.

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