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(영문) 광주지방법원 2019.07.04 2018가합802

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are the senior father.

B. On May 17, 2010, the Plaintiff, who was the Plaintiff’s husband, completed the registration procedure for transfer of ownership with respect to the land and its ground buildings in Gwangju Dong-gu, Gwangju (hereinafter collectively referred to as “instant real estate”) on the grounds of sale as of May 3, 2015 to C, who was the Plaintiff’s husband, who was the Plaintiff’s husband.

C. On May 3, 2010, the Defendant remitted KRW 30 million to E, a lessee of the instant real estate, and remitted KRW 10 million to the Plaintiff on the same day.

C On March 29, 2017, the F sold the above real estate in KRW 320,000 and completed the registration of ownership transfer.

E. On November 29, 2017, C and the Defendant acquired 1/2 of the sales price of the said real estate and completed the registration of transfer of ownership by acquiring 1/2 of each of the shares of G apartment H in Gwangju North-gu.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1, 2, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff and his husband (hereinafter referred to as "the defendant's husband and wife") provided meals twice each month to the plaintiff and his husband, and participated in family events, and the plaintiff paid KRW 300,000 per month in terms of living expenses and hospital expenses to the plaintiff. The plaintiff did not sell the real estate of this case to another person without the plaintiff's permission, the plaintiff paid KRW 10,000,000 to the plaintiff, and donated the real estate of this case to E with the burden of paying KRW 30,000,000,000,000,000 won, and the defendant's husband and wife

Therefore, the Defendant couple’s husband and wife return the said real estate to the Plaintiff upon the rescission of the above gift agreement, but the said real estate was already sold to F and the duty to restore was impossible, so the Defendant couple’s husband and wife is served with a complaint from March 30, 2017, which is the day following the date of disposal of the said real estate, 320,000 won and the date of disposal of the said real estate.