부당이득금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 38,367,060 to the Plaintiff (Counterclaim Defendant) and its related amount from July 10, 2014 to April 16, 2015.
1. The following facts between the parties may be acknowledged either in dispute between the parties or in accordance with Gap evidence Nos. 1, 13, and Eul evidence Nos. 10 and 11 (including paper numbers):
On May 14, 2003, the Plaintiff married with the deceased C.
B. The deceased C died on February 23, 2014, and the deceased and four children (D, E, F, and G) are the inheritor.
C. The defendant is the husband of E and the deceased C's fraud.
2. Determination on the main claim
A. 1) The Plaintiff’s cause of the Plaintiff’s claim is determined based on a contractual title trust with the network C, and the Defendant purchased H building 1015, 1015, 102, 102, 907, 909109, 103, 7100, and 710, and 445,679,2222, and the net C bears the burden of KRW 445,679,222, and the Defendant, the heir of the network C, has a duty to return KRW 121,548,878 (=45,679, 222 x 33/111) to the Plaintiff as the heir of the network C, and there is no dispute between the parties, or there is no evidence between the parties, evidence 16, 278, and 3/11).
① Around May 27, 1998, the network C concluded an agreement with the Defendant to receive the nine generations of the H building 101, 105115, 102, 102, 9079109, 103, and 710711 under the name of the Defendant (hereinafter “instant accord and satisfaction agreement”).
After that, on February 27, 2006, with respect to eight households, excluding 103 Dong 711, among the nine households of the above H building 9 (hereinafter “eight households of H building”), a sales contract between the Defendant and New Zealand for KRW 445,679,222 (hereinafter “instant sales contract”) was concluded, and the Defendant’s name on December 20, 206.