(영문) 서울남부지방법원 2015.08.28 2014가합109557

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(영문) 서울남부지방법원 2015.08.28 2014가합109557

부당이득금

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1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs are the spouses and children of the deceased F (hereinafter referred to as “the deceased”), and Defendant D is the birth of the deceased, and Defendant E is the mother of the deceased.

The Deceased died on June 7, 2014, and the Plaintiffs inherited the Deceased.

B. On November 11, 2003, with respect to the Yangcheon-gu Seoul Metropolitan Government H 203, which was owned by G (hereinafter “instant real estate No. 1”), the registration of transfer of ownership was completed on October 24, 2003 under Defendant D’s name on November 24, 2003.

With respect to the real estate No. 1 of this case, a sales contract was prepared on October 24, 2003 with the sales price of KRW 150,000,000, as G, and the buyer as Defendant D.

C. During the Ansan-si period in which I owned, the registration of ownership transfer, which caused the sale on February 2, 2007, was completed on July 30, 2007 under the name of Defendant E with respect to the first real estate and the second real estate of this case (hereinafter “each of the instant real estate”).

Around that time, a sales contract was prepared on February 2, 2007 with the sales price of KRW 595,00,000 for the second real estate of this case, which is the seller I, the buyer, Defendant E, and the sales price of KRW 595,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, 14 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff: (a) concluded a sales contract with Defendant D regarding the instant real estate No. 1; and (b) concluded a sales contract with Defendant D as to the instant real estate No. 2 with Defendant A as a party to the contract; and (c) concluded a sales contract with Defendant E as a party to the contract; and (d) G and I, the seller of the instant real estate, with the knowledge that the actual transaction was the deceased.

Therefore, a title trust agreement between the deceased and the Defendants on each real estate of this case, and the Defendants’ names.

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