beta
(영문) 인천지방법원부천지원 2017.08.23 2016가합103018

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties A is the spouse of the deceased deceased on January 18, 2005, and Plaintiff B, Plaintiff C, Plaintiff D, and Nonparty G are the children of the deceased F. The Defendant was the legal spouse of G, but they were divorced on March 14, 2014.

B. On April 15, 1989, the deceased F, the housing of 165.4mm2 and the above ground brick slves slves of brick slves on the ground (hereinafter “instant real estate”). The deceased F, on April 15, 1989, is the housing of two floors of the brick slves of the ground.

Since that time, Plaintiff A, Plaintiff B, and their children, Plaintiff C’s children I, Defendant, and their children resided in the instant real estate. 2) After that time, the transfer registration of ownership in the Defendant’s name was completed on June 17, 1999 on the instant real estate due to sale on May 25, 199.

3) On December 3, 2010, the Defendant sold the instant real estate in the amount of KRW 420 million to J on December 3, 2010, and completed the registration of ownership transfer under the name of J on February 28, 2011. [The fact that there is no dispute over the grounds for recognition, the entries in subparagraphs A and 2, and the purport of the entire pleadings.]

2. Judgment on the plaintiffs' assertion

A. The summary of the argument is that the Defendant forged documents related to the instant real estate and completed the registration of ownership transfer, but agreed that the net F shall not be an issue and held in title trust to the Defendant.

However, the Defendant, only a title trustee, disposed of the instant real estate without the consent of the Plaintiffs, who are the deceased F or co-inheritors, thereby unjust enrichment equivalent to the purchase price.

Therefore, the Defendant is obligated to return to the Plaintiffs KRW 390 million after deducting KRW 30 million from the purchase price of the instant real estate at KRW 420 million. As such, the Defendant is obligated to pay KRW 56,363,636 (i.e., KRW 390 million x 3/11 x KRW 30 million ; hereinafter the same shall apply) paid to the Plaintiff, B, C, and D, respectively, KRW 70,909,09 (= KRW 390 million x 2/111).