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(영문) 광주지방법원 2018.06.29 2017나56246
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. On January 26, 1998, the network H, the father of the Plaintiffs and the Defendants died. The deceased H’s heir had the Plaintiffs, the Defendants, and I (the deceased H’s father, the Plaintiffs, and the Defendants’ siblings).

B. The Plaintiffs, the Defendants, and I agreed on the division of inherited property that “Defendant D owns the land and its ground, K site and its ground building in YY in 1,147m2 (hereinafter “instant land”), and the Plaintiffs, Defendants E, G, and I owned each of 1/6 shares of 1,147m2 (hereinafter “instant land”). However, the shares of 1/6 out of the instant land in Defendant G was entrusted and managed in trust with Defendant E.

C. Accordingly, among the instant land on February 25, 1998, the Plaintiffs, Defendants E, G, and I completed the registration of ownership transfer for each of the instant land on the grounds of a divided inheritance, with respect to the shares of 2/6, and the Plaintiffs and I as well as 1/6 shares, respectively.

On January 16, 2010, Defendant E completed the registration of ownership transfer on the ground of donation with respect to the 2/6 shares of the instant land (the 1/6 shares trusted in the name of Defendant E’s 1/6 shares) to the Plaintiff, and the shares of Plaintiff A among the instant land became 3/6.

E. On July 10, 2015, the Plaintiffs and I concluded a contract to sell the instant land to Samduk Construction Co., Ltd. (hereinafter referred to as the “Seoul Metropolitan Co., Ltd.”) and 478,860,000 won (the contract amount of KRW 47,886,00, the balance of KRW 430,974,00). The Samduk Construction Co., Ltd paid the down payment of KRW 47,886,00 to the Plaintiff, who decided to receive the purchase price as the representative of the purchase price on the same day.

F. On July 20, 2015, Plaintiff C transferred KRW 6,840,857, respectively, to the Defendants’ account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 10, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs, the defendants, and I agreed to divide the purchase price of the instant land into 1/7 (hereinafter "agreement on the distribution of purchase price").

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