(영문) 서울중앙지방법원 2013.10.10 2013가합1582

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(영문) 서울중앙지방법원 2013.10.10 2013가합1582

부당이득금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. As to the ownership ownership of each of the instant real estate in Yongsan-gu Seoul Metropolitan Government (hereinafter “1 real estate”), the ownership transfer registration was completed on May 1, 1967 under the name of Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City on August 24, 1967 due to the sale and purchase as of May 1, 1967, and the ownership transfer registration was completed on May 19, 2004 regarding E/5 of E/E, Plaintiff’s share 1/5, Defendant’s share 1/5, and F/5 of F/1/5 due to the consultation and division as of November 21, 2003.

On April 12, 1976, with respect to G Yongsan-gu Seoul Metropolitan Government 338.5 square meters (hereinafter “2 real estate”), the registration of ownership transfer was completed on the ground of the gift made on March 24, 1976, with respect to the Plaintiff’s share 1/4, Defendant’s share 1/4, F shares 1/4, and H shares 1/4.

The registration of transfer of ownership was completed on March 25, 1976 under the name of I for sale as of March 24, 1976 and the registration of transfer of ownership was completed on May 10, 2002 due to inheritance by division as of May 10, 2002 under the name of I for the following reasons:

B. On November 25, 2004, the Defendant entered into a sales contract to sell each of the instant real estate in the amount of KRW 1,570,000,000 with the purchase price of each of the instant real estate, and on May 18, 2005, the transfer registration was completed in the name of the Co-owners and all co-owners' shares in the name of the United States Development Bank.

On the same day, the secured debt of 420,000,000 won, which was established on each of the above real estates, was fully repaid, and the right to collateral was cancelled upon termination, and the remainder of the purchase price, excluding the said repayment, was deposited into the account of the National Bank in the name of the defendant.

With respect to the third real estate on June 23, 2005, the reason for the destruction on June 21, 2005 is the same.

유사 판례

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