부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The plaintiff is the father of the defendant and C.
On March 21, 2002, the Plaintiff purchased the purchase price of KRW 30 million from D to the land and the land buildings (hereinafter referred to as the “instant real estate”) in Busan Northern-gu, Busan, (hereinafter referred to as the “instant real estate”) of KRW 30 million (payment of KRW 30 million, intermediate payment of KRW 100 million, payment of KRW 100 million, and payment of KRW 200 million on April 8, 2002, and payment of KRW 200,000,000,000,000) and purchased the purchaser’s name as “A and one other” (the seal affixed to the part in the buyer’s preparation title is referred to as “F, the Defendant’s name prior to the Defendant’s name).
At the time of the conclusion of the above sales contract, KRW 30 million was paid at the time of the contract, and the intermediate payment of KRW 100 million was paid on April 8, 2002, and the remaining KRW 200 million was paid on April 15, 2002, but an agreement was made to pay KRW 131 million after deducting the deposit for the lease.
The plaintiff paid the down payment to D, paid the intermediate payment to have terminated the right to collateral security established at the time. On April 2002, the plaintiff paid the remainder amount of KRW 70 million.
The Plaintiff withdrawn the money deposited in the G company’s account in the name of the Plaintiff and paid the down payment and remainder.
D On April 16, 2002, to the Defendant and C, who are the Plaintiff’s children, registered the transfer of ownership on April 1, 2002 with respect to each of the shares of the instant real estate (hereinafter “the Defendant’s shares”) in 1/2 of the instant real estate.
On June 12, 2003, the Plaintiff set up a right to collateral security for the maximum amount of KRW 100 million with respect to C shares out of the instant real estate. On December 1, 2003, the Plaintiff acquired the ownership of shares in the name of the Plaintiff on the ground of sale.
On May 22, 2006, the Plaintiff entered into a mortgage agreement with the Defendant on the ground of the maximum amount of KRW 150 million with respect to the Defendant’s share. On the same day, Busan District Court’s receipt of the Busan District Court’s Busan District Court’s receipt of KRW 36417 (hereinafter “instant mortgage”). The Plaintiff purchased the instant real estate and thereafter thereafter thereafter.