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(영문) 인천지방법원 2018.01.11 2017가단206181
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were co-owners of the Seo-gu Incheon Special Metropolitan City Factory Site C 202 square meters and its ground buildings (hereinafter both of them are referred to as “instant loan”). The Plaintiff owned 3/10 of the instant loan loan interest, and the Defendant owned 7/10 of the share of the instant loan loan, respectively.

On the other hand, on August 1, 2010, the loan of this case was sold to D in KRW 590 million (hereinafter “the sale of this case”) and the ownership transfer registration was completed on August 30, 2010.

B. After the sale of the loan of this case, the Defendant paid the pertinent expenses, such as taxes and public charges, lease deposit, and income tax, etc. The sum of the lease deposit and income tax paid at the time is about KRW 160 million.

C. The Defendant paid approximately KRW 430 million out of the sales price of the instant loan (i.e., KRW 590 million - KRW 160 million - KRW 100 million) to the Plaintiff and the Defendant’s mother’s mother, and owned the remainder KRW 250 million at his own share.

On the other hand, around December 2010, E paid to the Plaintiff KRW 70 million out of the above sales price distributed by oneself, and paid KRW 30 million to the Plaintiff, who is another child, F and G, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant sold the instant loan to KRW 50 million, and did not pay KRW 150 million, which is the Plaintiff’s equity interest, to the Plaintiff. 2) At the time the Defendant’s assertion was asserted, that the Plaintiff owned KRW 3/10 of the Plaintiff’s equity interest and KRW 7/10 of the Defendant’s equity interest in the instant loan at the time of the instant purchase and sale, but the Defendant sold KRW 160 million, out of KRW 590,00,00,000 to the tenants, and used KRW 180,000,000,000, out of the remainder of KRW 430,000,000, to E, and distributed the remainder of KRW 250,000 to the Defendant, respectively.

Defendant.

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