1. Of the instant lawsuit, the Defendant’s Seoul High Court Decision 2013Na7131 Decided November 28, 2014 filed a return of unjust enrichment by the Defendant.

Basic Facts

The plaintiff, defendant, D, E, and F are five children of G, and G co-inheritors.

G died in 2003.

On October 31, 2002, the ownership transfer registration was completed on May 10, 2002 with respect to each of the 1/3 shares of the Plaintiff, the Defendant, and D future, with respect to each of the 1/3 shares of 1/3 shares in the facilities for storage and treatment of dangerous substances on the second floor of the 2nd lux roof (gas station, 335.90 square meters on the first floor, 212.29 square meters on the second floor, 9.45 square meters on the second floor, and 9.45 square meters on each of the instant real property (hereinafter collectively referred to as “each of the instant real property”).

On November 11, 2004, the Plaintiff sold each of the instant real estate and received the sales amount from the K Bank account in the name of the Plaintiff (L; hereinafter “instant account”) by December 15, 2004.

The Defendant filed a lawsuit against the Plaintiff for the return of 3,439,492,508 won (hereinafter “the instant purchase price”) corresponding to the Defendant’s share out of the purchase price of each of the instant real estate, except for the portion used to repay the secured debt under the name of the Plaintiff, the Defendant, and D, among the purchase price for each of the instant real estate,. From the appellate court (Seoul High Court 2013Na7131) to November 28, 2014, “the Plaintiff was finally and conclusively decided on November 20, 2004 (the following day of November 19, 2004, which was recognized as the date of receipt of the instant purchase price, and from November 20, 204 to November 28, 2014, the Defendant paid 5% per annum, and from the next day to November 20, 2014 to the date of full payment (hereinafter “the judgment of the court below”) or order of the instant case.

[Ground of recognition] Each entry of Gap evidence 243, 263, Eul evidence 6, 7, Eul evidence 1-1, Eul evidence 2-1, Eul evidence 2-1, and the purport of the whole pleadings.