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(영문) 부산지방법원 2017.08.18 2016나48225

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff, the Defendants, and the deceased F are children of G and network H.

B. The Plaintiff did not continue to be married to I around 1986 and lived with his parents in the Dong-gu Busan Metropolitan City J Housing (hereinafter “instant Housing”)

In 2004, there was a gap between the two.

C. On March 5, 2015, the Defendants sold the instant house in the purchase price of KRW 95 million, and completed the registration of ownership transfer in the name of the purchaser on May 4, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1, 2, 4, Eul's Nos. 1 and 2, the purport of the whole pleadings

2. The parties’ assertion that the Plaintiff should distribute the remainder remaining after deducting the lease deposit of KRW 35 million from KRW 95 million for the instant housing purchase, KRW 95 million for brokerage fees, and KRW 720,000 for graveyard management fees, among the siblingss. Thus, the Defendants should pay the Plaintiff KRW 90,721,666 for each of them.

The Defendants discussed about the distribution of the purchase-price with the Plaintiff on early 2015. The Defendants asserted that the remainder of KRW 78,370,000 from the above purchase-price amounting to KRW 95,00,00 was agreed that the remaining amount of KRW 16,630,000 per capita shall be divided equally by six penalties, and 2,70,000 per capita shall be divided equally.

In addition, no such agreement was reached.

Even if the Defendants, four of the six-dimensionals, are decided by a majority, the Plaintiff asserts that they should comply with it.

3. Determination

A. According to the overall purport of the film and pleading as to whether there was an agreement on distribution of the purchase price as alleged by the Defendants, the Plaintiff and the Defendants were at the main point of early 2015, and the Defendant B paid KRW 2.7 million to the Defendants and the net F’s children K, but it is recognized that the payment was made by the Defendants and the network F’s children, and that, in other words, the following circumstances are acknowledged based on the overall purport of the statements and arguments in the evidence Nos. 5, 9-1, 2, and 5, and the entire purport of the pleading.