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(영문) 부산지방법원 2018.09.20 2016가단62947
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of no dispute between the parties to the basic facts or the overall purport of evidence evidence and arguments as to Gap, Eul, Eul, Eul, Eul, and the deceased C, who were the children of the network D (Death of November 1, 1949) and the heir of the network D (Death of January 2, 1984). The plaintiff is the deceased C (Death of January 15, 2007) and the heir of the deceased C (Death of January 15, 2007). The defendant and Eul received compensation from the head of the Dong-gun, Ulsan-gun, Ulsan Special Metropolitan City, which is the property of the network E on August 11, 2006, the share of KRW 635 square meters and G 446 square meters (hereinafter "the real property of this case"), and around November 28, 2006, the defendant received compensation from the head of the Si/Gun in proportion to the inheritance share of the real property of this case and agreed to divide the inherited property of this case.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion that around June 2006, the Defendant agreed to transfer the right to the instant real estate, which is the inherited property of the decedent E, between the Defendant and the Defendant, to the deceased C, who is the father of the Plaintiff, and that the Defendant is obligated to return KRW 52,561,00 for the instant real estate acquired without any legal obligation to the Plaintiff, who is the deceased C’s heir.

B. As shown in the Plaintiff’s assertion, Gap evidence Nos. 1 (a written confirmation of transfer of real estate right, the defendant’s defense that this document was forged by the Plaintiff, but it is not sufficient to acknowledge it only by the evidence submitted by the defendant, and there is no other evidence to acknowledge it), which is acknowledged based on the above evidence and Eul evidence Nos. 2 through 19, the overall purport of pleadings, and the following circumstances, i.e., the amount to be paid by the Plaintiff to the Defendant in return for the transfer of the instant real estate is equivalent to 52 million won, and thus the difference between the amount to be paid by the Plaintiff to the Defendant in return for the transfer of the instant real estate is considerably different.

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