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1. The Defendant: (a) KRW 116,802,508 for Plaintiff A; and (b) KRW 89,802,508 for Plaintiff B; and (c) for each of them, from May 18, 2019 to September 2019.
Reasons
Basic Facts
D’s death and inheritance D(hereinafter “the deceased”) died on August 25, 2016. At the time of the deceased’s death, there were the Plaintiffs and E, the deceased’s children.
However, on November 24, 2016, E filed a report of renunciation of inheritance, and received a judgment on January 20, 2017, the Seoul Family Court 2016-Ma52307, which renounced the inheritance of the deceased’s property, and the Plaintiffs inherited the deceased’s property.
The defendant, such as donation of real estate to the defendant of the deceased, was a person who, since 1980, had been accommodated in the deceased's house and had been living in F's house work or F's restaurant work with the deceased and de facto marital relationship with the deceased without receiving any benefit.
A sales contract was prepared on March 20, 2014 that the deceased sold the above real estate to the Defendant in the purchase price of KRW 270,000,000, which was owned by the Defendant and the Deceased, together with the deceased, around the Dongdaemun-gu Seoul Building H (hereinafter “instant real estate”). On April 21, 2014, the above sales contract was completed with the ownership transfer registration in the name of the Defendant as a certificate of registration.
On June 3, 2014, the Defendant sold the instant real estate to I in KRW 270,00,000,000, and completed the registration of ownership transfer under the name of I on June 27, 2014. Using part of the purchase price, the Defendant repaid in full the secured debt of the collateral security (the mortgagee JA, the debtor) established from September 27, 2007, 60,784,742 of the instant real estate.
In the process of the relevant lawsuit, the Plaintiffs and E asserted that the Defendant forged a sales contract on the instant real estate, or acquired the ownership of the instant real estate by deceiving the deceased, who is a dementia patient, on March 22, 2017, the Defendant filed a claim for restitution of unjust enrichment against the Defendant on March 22, 2017, excluding the amount used primarily for repayment of debts from the purchase price of the instant real estate, and the claim for restitution of unjust enrichment against the Defendant.