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(영문) 울산지방법원 2017.03.09 2016가단60135

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. On January 10, 2003, the Plaintiffs, Defendant D, and Defendant D’s mother F entered into a sales contract with the seller’s representative H, I, J, and K land and its ground buildings (hereinafter “each of the instant real property”) to purchase KRW 1.26 billion from the seller’s representative.

B. Although the Plaintiffs, Defendant D, and F shared the above purchase price and paid it to the seller, only five joint ownership transfer registration was completed as to the land in Ulsan-gun, Ulsan-gun, in the initial promise, and as to the remaining land and buildings (hereinafter “the remaining land and buildings in this case”), the ownership transfer registration was completed in the name of Defendant D or F.

C. Accordingly, the Plaintiffs made a title trust to Defendant D or F with respect to three-fifths of the remaining land and buildings of this case.

The Defendants, while being well aware of such circumstances, have disposed of the remaining land and buildings of this case, shall refund to the Plaintiffs the portion equivalent to the Plaintiffs’ share out of the disposal price as unjust enrichment.

In addition, since 2012, the Defendants leased each of the instant real estate to the Plaintiffs L, and received each of the instant rent of KRW 18 million in 2013 and KRW 17.2 million in 2014, respectively, the amount corresponding to the Plaintiffs’ share during the said rent shall be returned to the Plaintiffs as unjust enrichment.

E. The Plaintiffs, as part of their claims, seek to pay each of the Defendants KRW 20 million and damages for delay.

2. Determination

A. First, as alleged by the Plaintiffs, we examine whether a title trust agreement on the remaining land and buildings of this case was made.

According to the statement of Gap evidence No. 2, the sales contract of each of the real estate of this case on January 10, 2003 entered the plaintiffs, defendant D and F as purchaser, and the above purchaser.