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(영문) 서울동부지방법원 2018.10.17 2018가합104823
부당이득금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are children of the FG (Death on December 4, 1995) husband and wife, and the defendant is a male and female male and female male and female male and female male and female male and female female.

B. The fourth floor of the “I building” on the H ground of Songpa-gu Seoul Metropolitan Government (the fourth apartment building) was divided by Ga, and the remainder by the Defendant or J (the mother of the Defendant) respectively.

C. The inheritance registration was completed on January 25, 200 with respect to the 4th floor of the I building in the future between F (3/7 shares) and the plaintiffs (2/7 shares each), and the registration of ownership transfer was completed on the same day in the future of the defendant on the same day.

On March 14, 2000, the Defendant and J sold the entire I building in the amount of 4,500,000,000,000 to the Incheon Metropolitan Government Organization for the Maintenance of Dic Persons (hereinafter referred to as the “Inbound Corporation”) as a foundation, and completed the registration of ownership transfer on November 8, 200.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 7 evidence, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs F and the plaintiffs delegated the sale of the 4th floor of the I building to the defendant, and the transfer registration of ownership from F and the plaintiffs for the 4th floor of the I building seems to be for convenience in the sale of I building.

The defendant sold the I building in 4,500,000,000 to the non-party corporation.

Therefore, the Plaintiffs are entitled to receive the distribution of KRW 321,428,571 (=4,500,000 x 1/4 x 2/7, and the amount below KRW 321,428,571) for each of the four-story sales proceeds in I building.

However, since the Defendant paid only KRW 140,00,00 to Plaintiff D and KRW 110,00,000 to Plaintiff E, the Defendant is obligated to pay KRW 181,428,571 (i.e., KRW 321,428,571 (i.e., KRW 140,00,000) and KRW 211,428,571 (i.e., KRW 321,428,571 - KRW 110,00,000) due to restitution of unjust enrichment.

B. Defendant 1) At the time of January 25, 2000, the Defendant purchased the shares of the Plaintiffs from the legal representative F of the Plaintiffs, who was a minor, and paid the purchase price in full from the legal representative F of the Plaintiff’s 4th floor of the I building. 2) Even if not, the Plaintiffs’ unjust enrichment is claimed.

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