beta
(영문) 수원지방법원성남지원 2015.06.12 2014가합207647

부당이득금

Text

1. The Defendants’ respective KRW 180,022,50, and each of the said money to the Plaintiff, as from November 21, 2014, and Defendant C.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is a person who was in de facto marital relationship with the network D (hereinafter “the network”). The Defendants are children of the deceased.

B. 1) On May 16, 2013, the Deceased entered into a sales contract, etc., the Korea Land Trust Co., Ltd. and Gwangju City E 1,02 Dong 703 (hereinafter “instant apartment”).

2) The sales contract to the effect that the sales amount is KRW 495,100,000 (hereinafter “instant sales contract”).

(2) On July 17, 2013, the Plaintiff: (a) concluded a contract; (b) paid 54,845,000 won of the down payment on the date of the contract to the Korea Land Trust Co., Ltd.; (c) agreed to reduce the purchase price of the instant apartment to KRW 360,045,000 on the grounds of the decline in the land trust and the sale price; and (d) paid KRW 75,200,000 to the Korea Land Trust Co., Ltd. on June 17, 2013, respectively. < Amended by Act No. 11903, Aug. 2, 2013>

C. The Deceased died on April 7, 2014. The Defendants, as the inheritor of the Deceased, completed the registration of ownership transfer on the instant apartment on October 8, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff fully bears the purchase price of the apartment of this case, the registration tax, the fees for certified judicial scrivener, etc., and holds the registration right certificate.

The apartment of this case, which completed the registration of ownership transfer in the name of the plaintiff, is an apartment under the name of the plaintiff, and it is not a donation to the deceased to avoid heavy taxation.

However, in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendants acquired the ownership of the apartment of this case, so the Defendants, among the amount equivalent to the purchase price with unjust enrichment, shall each be 180,02,50 won = 360,045,00 won according to their inheritance ratio.