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(영문) 서울중앙지방법원 2017.06.29 2016가합20072

부당이득금반환

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the spouse of D, E is the father of D, Defendant B is the mother of D, and Defendant C is the partner of D.

B. On June 8, 1985, E completed the registration of transfer of ownership on the ground of sale on June 7, 1985, with respect to 2, and 204, Seongdong-gu Seoul (hereinafter “instant house”).

C. The Flue Rebuilding Housing Association shall complete the registration of ownership transfer on May 9, 1997 with respect to No. 204 of the instant housing on April 30, 1997, by the association established to remove the instant housing and build one apartment and commercial building on a scale of 372 households.

E died around July 2, 200 in the process of a reconstruction project on the instant housing.

E. On December 27, 200, Defendant B completed the registration of ownership preservation as to G apartment (hereinafter “instant apartment”) that was reconstructed and newly built on the instant apartment (hereinafter “instant apartment”) 101 Dong 302, and on March 28, 2015, Defendant B sold the instant apartment Nos. 101 and 302 to H for purchase price of KRW 432,000,000, and completed the registration of ownership transfer under H’s name on April 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 10, 11, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is to jointly own KRW 55,00,000, which was purchased and owned in KRW 54,000 for purchase price around June 1985, and paid KRW 30,000,000 out of the purchase price to E.

(A) The Plaintiff asserted that the Plaintiff would purchase 204 units of the instant housing jointly with E and paid KRW 30,000,000 to E. The Plaintiff changed the allegation as above. After completing the registration of ownership transfer as to 204 units of the instant housing, E died while the reconstruction project of the instant housing was underway. Upon completion of the reconstruction project of the instant housing, the Plaintiff’s construction of the instant apartment was completed, and the Plaintiff’s construction of the instant apartment.