부당이득반환
1. The Defendant shall pay to the Plaintiff KRW 88,781,00 and the interest rate of KRW 15% per annum from September 21, 2016 to the day of complete payment.
1. Basic facts
A. The Plaintiff and the Defendant were between the parties (i.e., the Plaintiff and the Defendant).
Dor C is the former husband of the defendant who is the plaintiff's son.
B. (i) Of the real estate ownership, etc., 5.5/578 shares of 5.5/578 square meters in the 578 square meters in Gangwon-do Jeong-gun, Jeon-gun, Gangwon-do, was owned by the Plaintiff, and the shares of 148/578 of the above land and the building
The share of 81/258 square meters in the E-gun, Gangwon-do, and the share of 1/2 of the building on the above site was owned by the plaintiff, and 30/258 of the above land was owned by the defendant.
[1] In order to secure the loan of KRW 190,00,000 from the high credit cooperative (hereinafter “high credit cooperative”) around July 15, 201, the Plaintiff’s share in the land and each building on the ground (hereinafter “the above”) was owned by the Plaintiff and the Defendant’s share in the land and each building on the ground thereof, “the Plaintiff’s real estate”, “the Defendant’s share in the real estate,” and “the Defendant’s share in the real estate,” and “the real estate of this case” collectively. < Amended by Presidential Decree No. 24757, May 29, 2011; Presidential Decree No. 24777, Feb. 1, 2013; Presidential Decree No. 22000, Oct. 1, 2013; Presidential Decree No. 20000, Feb. 29, 2013>
C. (1) On November 20, 2015, the Defendant sold the Defendant’s real estate at KRW 212,200,000 in total to F. On the same day upon the Plaintiff’s delegation, the Defendant sold to F each share of the land and the ground buildings indicated in the above “B” owned by the Plaintiff at KRW 88,40,000, and completed the registration of ownership transfer in the future of F on February 23, 2016.
She also received the delegation from the plaintiff on February 9, 2016, the defendant sold to G the share of the land referred to in the above "(b)" owned by the plaintiff in KRW 6,000,00, and completed the registration of ownership transfer on February 23, 2016.
Article 22 of the Criminal Procedure Act provides that the Defendant shall sell the Plaintiff’s real estate at the time of the sale thereof (i.e., KRW 88,400,000) and the Defendant.