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(영문) 서울중앙지방법원 2017.09.27 2015가합576301

부당이득금

Text

1. For the plaintiffs:

A. Defendant G is annually engaged in KRW 29,866,00 for each of them and the period from December 11, 2015 to September 27, 2017.

Reasons

1. Basic facts

A. From around September 6, 2016 to September 6, 2015, the net A resided together with the network H, who is his/her father, and Defendant G, who is a fraud.

B. On April 8, 2009, the network A acquired 10/58 shares of the Yongsan-gu Seoul Metropolitan Government K 191.7 square meters (hereinafter “instant land”). The said land was later incorporated into the urban environment rearrangement project of L, and the network A borrowed 331,545,718 won in total, as seen below, from the association that implements the said project:

(hereinafter referred to as "the relocation expenses of this case"). The amount of the account (won) on the first-come-served date payment date (hereinafter referred to as "the relocation expenses of this case") evidence No. 21,467,890 No. 4 of the network A No. 14, May 14, 2010; 100,000,000 on May 14, 2010; 14, 200,000 on May 14, 2010; 27,916,068 May 27, 2010; 57,60,000 on Oct. 57, 2010; 60,0006; 9. 23,561, 7607, Sept. 23, 201; 205;

C. On November 9, 2015, a pre-contract was concluded between the deceased A and N Limited Liability Company with respect to 119/696 shares out of the instant land (hereinafter “instant pre-contract”), and on November 10, 2015, the provisional registration of the right to claim the transfer of ownership in the said company’s name was completed under Article 48771 of the receipt of the said registry office.

The deceased died on February 16, 2016, after receiving medical treatment in the O convalescent Hospital from September 6, 2015 due to the aggravation of aquatic cancer, etc.

The children of the network A were the Plaintiffs and the network H, but the network H died on January 25, 2016 before the network A died.

Defendant I and J are children of the network H and Defendant G.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 3 through 5, and 8 through 11, and the purport before the pleadings of this case

2. The parties' assertion

A. The Plaintiffs’ assertion 1 Defendant G and the network H embezzled a total of KRW 180,412,80 over 10 times as stated in the separate sheet No. 1, as recorded in the deceased’s passbook and seal imprint. This constitutes tort or unjust enrichment against the network A.