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1. The defendant shall pay to the plaintiff A KRW 78,249,950, and KRW 37,172,070 for each of them, and from June 25, 2020 to September 18, 2020 for each of them.
Reasons
1. Basic facts
A. The plaintiffs are married couple, and the defendant is the mother of the plaintiff B.
B. The Plaintiffs entered into a contract title trust (hereinafter “title trust”) with the Defendant, Daegu Northern-gu D apartment E (hereinafter “instant apartment”), and the Defendant entered into a contract with F to purchase the instant apartment from F to purchase the purchase price of KRW 250 million (250 million in the contract payment, intermediate payment, KRW 50 million in the payment, payment on December 5, 2013, and the remainder of KRW 175 million in the payment on December 5, 2013, and on January 13, 2014 (hereinafter “the instant purchase”), and completed the registration of ownership transfer with respect to the said apartment on January 13, 2014.
C. On January 13, 2014, the Defendant borrowed KRW 70 million from the G Cooperatives for the payment of the remainder of the instant transaction (hereinafter “instant loan”). On September 19, 2014, the Defendant repaid KRW 30 million and KRW 40 million on October 30, 2014.
On September 13, 2014, the Defendant’s husband sold K with the purchase price of KRW 142 million. The Defendant’s husband sold K-ho-gu International Apartment J (hereinafter “instant I Apartment”) owned by H to K.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings
2. Since the title trust in this case’s assertion that causes the plaintiffs’ claim is null and void, the defendant is obligated to return the purchase price, loan interest, property tax, etc. received from the plaintiffs to the plaintiffs as unjust enrichment.
Specifically, the Plaintiff A paid KRW 100 million out of the instant purchase price (=the remainder of KRW 50 million in intermediate payment of KRW 25 million), KRW 25 million in the instant loan interest, KRW 2,612,830, and KRW 500,000,000 in the instant apartment property tax, and KRW 637,120,00 in the instant apartment property tax.
Therefore, the defendant is obligated to pay the plaintiff A the total sum of KRW 108,249,950 and damages for delay.
② Plaintiff B shall pay the remainder of the purchase price of this case KRW 80 million, and property tax on the said apartment.