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(영문) 서울남부지방법원 2015.09.10 2014가단233231
부당이득금
Text

1. The Defendant: (a) against Plaintiff B, KRW 34,285,714, and Plaintiff C and D respectively, KRW 22,857,142 and each of the said money.

Reasons

1. Basic facts

A. On May 15, 201, the Defendant entered into a lease agreement with F, a lessor, with respect to KRW 90,000,000,000 (the contract amount of KRW 10,000,000 on the date of the contract, the remainder of KRW 80,000,000 on the date of the contract) and the term of the lease from June 12, 201 to June 11, 2012.

B. A transferred the remainder of the lease deposit amount of KRW 80 million to F on June 12, 2011.

C. On June 20, 201, A, who was suffering from “Pins Empha Empha Empha”, was a director of the instant apartment for medical care on or around June 20, 201, and was directors again to Seoul Police Officer in July 201.

Meanwhile, the Defendant completed the registration of transfer of ownership on the instant apartment as the receipt of No. 38701 on August 27, 201, as to the instant apartment from Gwangju District Court’s Netcheon Branch, No. 38701, Aug. 22, 2011.

E. On February 7, 2015, A died (hereinafter “the deceased”), Plaintiff B, his spouse, and Plaintiff C and D inherited the deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiffs asserted 1) The deceased delegated the duties of the apartment lease contract to the defendant who will reside in the medical care train in the netcheon. Since the lease contract of the apartment of this case was terminated, the defendant is obligated to return the amount of KRW 80 million that the deceased transferred to the deceased's heir as the lease deposit, and at least, the deceased did not have donated the above money to the defendant, and the defendant is obligated to return the said money to the deceased's heir in bad faith as the beneficiary of bad faith. 2) As to this, the defendant asserts that the deceased would make a donation to the defendant after closing medical care in the netcheon around May 201, that the deceased would purchase the apartment under the name of the defendant, and that the apartment of this case was purchased from F with the money of KRW 98 million of the deceased, but the seller is F.

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