beta
(영문) 대전고등법원(청주) 2015.03.24 2014나1431

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 10, 1982, the Plaintiff clan trusted each of the lands listed in the separate sheet owned by the Defendant, C, and D (hereinafter “each of the lands of this case”) to the Defendant, C, and D, and accordingly, on February 10, 1982, the registration of transfer of each of the lands of this case in the name of the Defendant, C, and D (each of 1/3 shares) was completed.

(hereinafter referred to as “each of the instant shares” in the Defendant’s name as to each of the instant shares. B

On September 16, 2011, the Chungcheong Development Corporation acquired each of the instant shares from the Defendant in consultation with the Defendant in KRW 118,668,670 (the 1/3 equity price of the land listed in paragraph (1) of the attached Table shall be KRW 15,491,740), and the same year.

9. 27. The Defendant transferred KRW 100,668,670 to the bank account in the name of the Defendant, and KRW 18 million to the Samsung Securities account.

C. Around that time, the Plaintiff clan issued to the Defendant a letter of the following contents:

(hereinafter “each of the instant notes”). The co-owner’s compensation for the Defendant’s share in the real estate above 1,488m2 (attached Form 1) before the JJ of Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant notes”). The Defendant shall delegate the co-owner’s compensation for the Defendant’s share to the attached G, and the Defendant

At the time, G managed each of the above accounts in the Defendant’s name where each of the instant shares was deposited, but G used the said amount for the personal purpose.

E. On the other hand, on November 30, 201, the Plaintiff clan reported and paid KRW 2,892,922 for each of the instant shares under the name of the Defendant, and KRW 289,292 for local income tax.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 1 (including various numbers), witness G, H, and I testimony of the first instance court (Provided, That each part of the testimony of the witness H and I, excluding each part of the testimony of the witness H and I), the fact-finding results with respect to the president of the Chungcheong Development Corporation in the first instance, the purport of the whole pleadings, as a whole.

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendant, the title trustee of each share of this case, barring any special circumstances.