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(영문) 광주지방법원 2018.09.19 2017가단18892

부당이득금 반환

Text

1. The Plaintiff:

A. Defendant B’s KRW 124,176,279 and as regards these, 5% per annum from August 10, 2017 to September 19, 2018.

Reasons

1. Basic facts

A. The plaintiff and the defendant B are married, and the defendant C is the third married of the plaintiff couple.

On October 3, 2016, the Plaintiff is hospitalized in the E-Medical Center located in the Southern-gu Seoul metropolitan area, and is under medical care.

B. The Plaintiff succeeded to the Seo-gu, Seo-gu, Gwangju, the F site and the ground house (which combines the site and the house; hereinafter referred to as the “F house”) from his father and was living together with his family, including Defendant B.

The plaintiff was supported by a large amount of fraud H due to economic difficulties, and completed the registration of ownership transfer to H with some payments around February 1988.

The Plaintiff and Defendant B continued to reside in the Fhouse.

C. On October 2016, H sold F house to Kwon Construction Co., Ltd. at KRW 1 billion at KRW 1,000,000,000,000.

Upon the lapse of F collection, Defendant B asked H to divide the amount of money several times, and H provided 60 million won out of the purchase price.

Of the above 600 million won, 300 million won was deposited into the Plaintiff’s Agricultural Cooperative Account on September 22, 2016, and the Plaintiff transferred the total amount of KRW 200 million to Defendant B on September 29, 2016, and KRW 160 million on October 4, 2016, to purchase a house.

Defendant B purchased J apartment bonds in his own name with the said money and completed the registration of transfer.

E. On March 13, 2017, the Plaintiff received the remainder of 300 million won from the Plaintiff’s agricultural bank account (final number K).

The plaintiff agreed that "the plaintiff would purchase the apartment in the Dong Dong Dong Dong where the defendant C, a female, was residing."

Defendant B around that time purchased 145 million won, and disbursed 5 million won as related costs, and transferred ownership registration in his name.

F. The Plaintiff kept 150 million won remaining after purchasing L Apartment among 300 million won in the Plaintiff’s agricultural account (K). The Plaintiff kept the passbook and the seal impression to the Defendant B, and also notified the password.