logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.27 2017가합511513
부당이득반환 청구의 소
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On May 15, 2016, the Defendant purchased from D KRW 250,000,000,000,000,000,000,000,000,000,000. On May 15, 201, the Defendant completed the registration of ownership transfer on the said land (hereinafter “instant land”).

B. On August 25, 2016, the Defendant awarded a contract to E, the contractor, for the construction of a new house on the instant land, for the construction cost of KRW 260 million, and completed detached houses on March 27, 2017 (hereinafter “instant house”) under his/her name.

C. F as the father of the Plaintiff, died on December 6, 2016, and the heir was wife G and the Plaintiff’s birth H.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4, Eul evidence 4, 12, 23 of Eul evidence 4, 12, 23 (including the number; hereinafter the same shall apply), witness I, E's testimony, and the purport of the whole pleadings

2. The Defendant asserted that the Plaintiff purchased the instant land from a bona fide seller and completed the registration of ownership transfer in its name in accordance with the title trust agreement with F (hereinafter “instant title trust agreement”) with F.

In addition, F newly constructed the instant house with its own funds and entrusted the name of ownership in the future of the Defendant.

The Defendant is obligated to return to F the sum of KRW 250 million for the purchase of the instant land and KRW 260 million for the construction cost of the instant housing and KRW 510 million for unjust enrichment.

On November 4, 2016, the Plaintiff entered into a private donation agreement under which F and F will receive the above claim for return of unjust enrichment upon the death of F and F (hereinafter “the instant private donation agreement”). Accordingly, the Defendant is obligated to pay the Plaintiff, who exercises the above claim for return of unjust enrichment by subrogation of F, the above KRW 510 million, and delay damages therefor, to the Plaintiff who exercises the above claim for return of unjust enrichment by subrogation of F. Family affairs and even if the private donation agreement is not recognized, the Plaintiff is the heir of F.

arrow