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(영문) 광주지방법원 2016.12.16 2015가단517234
부당이득금
Text

1. Defendant D’s 40,00,000 won for Plaintiff A, 40,000 won for Plaintiff B, and each of the said amounts from July 17, 2015.

Reasons

1. Facts of recognition;

A. Defendant D had Nonparty G, Defendant E, and F under the chain, and Nonparty G married with Nonparty C on June 7, 1997, and had the Plaintiffs as children.

B. On February 16, 2012, Nonparty C completed the registration of ownership transfer in its name with respect to H apartment Nos. 603, 106, Dong 603, Gwangju Mine-gu (hereinafter “instant apartment”).

C. Around February 2014, Nonparty C agreed to transfer the instant apartment in the name of Nonparty C, which raises the Plaintiffs, to Nonparty G, with the intention of a divorce between Nonparty C and Nonparty G. At that time, Nonparty G entered into a title trust agreement with Nonparty D to have the ownership of the instant apartment in the name of Defendant D, on the grounds that the economic circumstances making it difficult for Nonparty C to obtain the ownership of the instant apartment in the name of Nonparty C to transfer the ownership of the instant apartment in the name of Nonparty C.

On February 7, 2014, Nonparty C transferred the name of the apartment in this case to Defendant D at the request of Nonparty G.

E. On March 25, 2014, Nonparty C got a divorce with Nonparty G on March 25, 2014, and at the time Nonparty G had the right to care for the Plaintiffs, and agreed not to claim consolation money and child support among both parties.

F. Nonparty G died on June 20, 2015, and Plaintiff A and B inherited the property of Nonparty G in 1/2.

G. On June 26, 2015, Defendant D entered into a contract with Nonparty I to sell the instant apartment in KRW 217,000,000 with respect to the instant apartment, and completed the registration of ownership transfer with Nonparty I on June 29, 2015.

H. On December 29, 2015, Nonparty C was tried to designate a person with parental authority by Nonparty C as the Gwangju Family Court 2015 Modan3052.

[Ground of recognition] Evidence Nos. 1 through 8, Evidence No. 10 (including paper numbers), the purport of the whole pleadings

2. The plaintiffs' assertion

A. (1) Claim for damages against the Defendants on the ground of infringement of a third party’s claim against the instant apartment. Nonparty C is a party to the division of property following the divorce agreement.

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