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(영문) 대구지방법원서부지원 2013.11.28 2013가단1307
부당이득금반환청구등
Text

1. The Defendant: (a) KRW 29,280,000 for the Plaintiff and KRW 5% per annum from January 19, 2013 to November 28, 2013; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On April 26, 2004, the Plaintiff received insurance money equivalent to KRW 7 won due to the traffic accident that occurred on or around April 26, 2004. The Plaintiff purchased from C the buildings indicated in the 197mm2 and the attached list thereof (hereinafter “instant building”) from C in the name of the Plaintiff’s punishment E, and completed the registration of ownership transfer in the name of the Plaintiff’s Choyang and the Defendant’s children. The Plaintiff completed the registration of ownership transfer on or around April 14, 2008.

B. The Plaintiff’s mother comprehensively delegated G (the Plaintiff died on January 10, 2007) with the management of the above insurance proceeds, and G delegated the Plaintiff’s duties concerning the management of the instant building to the Defendant, who is the Plaintiff. On each of the instant buildings, the Plaintiff’s nursing cost (the Plaintiff paid KRW 1.6 million per month to H), and the expenses incurred in the management of the instant building were incurred from the revenue of the rent of KRW 270,000 per month.

C. On June 2005, the Defendant entered into a lease contract on the third floor housing 9.76 square meters (hereinafter “the instant lease contract”) among the instant building (hereinafter “the instant lease contract”) at KRW 60,000,000, out of the deposit deposit received on June 3, 2005, and deposited KRW 54,700,000 among the deposit deposit under the said lease contract (the nominal owner of the instant building, who is the nominal owner of the instant lease contract) into an account in the name of F.

As the above deposit, the Defendant paid KRW 350,000 won for the real estate brokerage commission related to the instant lease contract and property tax of KRW 370,000 for the July 18, 2005 and on the 28th of the same month, deposited KRW 30,000 for H as the support for the deposit for the deposit for the deposit for the lease on a deposit basis. On October 22, 2005, the Defendant deposited KRW 9 million to H on a new card 11 times in total from June 8, 2005 to April 10, 207, as the deposit amount for the automobile owned by the Plaintiff E (SOF).

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