소유권이전등기말소등기 청구 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. At the first instance court, the Plaintiffs filed a claim against the Defendant for the performance of the procedure for the registration of ownership transfer as to the shares of 1/5 of the instant building, and filed a claim for return of unjust enrichment equivalent to the rent of the instant building and the deposit in the name of the deceased A. The court of first instance dismissed the claim for the performance of the procedure for the registration of ownership transfer and partly accepted the claim for return
Since the defendant only appealed against this, the subject of the judgment of this court is limited to the claim for return of unjust enrichment.
2. Basic facts
A. 1) The network G is married with the network A, and the Defendant and the Defendant and the Defendant of the first instance trial co-defendant F (hereinafter “F”) are married with the network G.
(2) On September 21, 2011, the Defendant sought a declaration of the net A as quasi-incompetent on September 21, 2011. The gist of the claim was that “the deceased A cannot express his/her normal intent because the dementia symptoms, which is a soldier aged 81, are serious, due to the old age of 81,” and that the said court rendered a declaration of quasi-incompetent A on October 20, 201 against the deceased.
(2011 Gag G died on February 4, 2011, and the deceased on December 23, 2013. (b) The deceased on December 17, 2013. (iii) The deceased on September 17, 197, acquired the ownership of the instant building, and donated it to the deceased on May 26, 200, and completed the registration of ownership transfer on May 27, 200.
2) The Defendant: (a) donated on March 21, 201 with respect to the instant building on March 21, 201, by the Daejeon District Court Branch Decision 28386, which was received on March 22, 2011 (in relation thereto, the “instant donation contract” concluded between the deceased A and the Defendant.
(c)The registration of the transfer of ownership in the name of the Defendant based upon ‘B' has been completed. (c) On the other hand, on the other hand, on the other hand, on September 3, 2009, two time deposits (Account Number S and T; hereinafter the above two time deposits) with each of the deposits amounting to KRW 30 million in one year in one bank, and on each of the deposit periods.