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(영문) 청주지방법원제천지원 2020.05.07 2019가합10241
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 is the father of the defendant.

B. On April 25, 2006, the Plaintiff purchased the land and the building on the ground of Gangdong-gu Seoul Metropolitan Government (hereinafter “Plaintiff’s real estate”) at KRW 252 million, and completed the registration of ownership transfer on June 30, 2006.

Until the plaintiff sells real estate under the name of the plaintiff, the plaintiff's wife, the defendant's husband, and the defendant's husband were residing together in real estate.

C. On May 11, 2015, the Plaintiff sold real estate in the Plaintiff’s name at KRW 5776 million, and completed the registration of ownership transfer to a purchaser on August 14, 2015.

On May 12, 2015, the Defendant succeeded to some of the sale proceeds of the Plaintiff’s real estate and the obligation to refund the existing lease deposit amount of KRW 25 million, and purchased the land and building on the ground (hereinafter “instant real estate”) of Gangdong-gu Seoul Metropolitan Government for KRW 597 million, and completed the registration of ownership transfer on August 13, 2015.

E. On October 22, 2015, the Plaintiff and the Plaintiff’s wife purchased land E and ground buildings, F, and G land (hereinafter collectively referred to as “Tcheon-si real estate”) in KRW 85 million with funds remaining after being used as purchase price of the instant real estate among the sales price of real estate in the Plaintiff’s name, and completed the registration of ownership transfer on November 13, 2015 in the Plaintiff’s name.

F. On December 20, 2018, the Defendant sold the instant real estate in KRW 846 million, and completed the registration of ownership transfer to a purchaser on March 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3, 4, and 6 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. In around 2006, the Plaintiff purchased real estate in the name of the Plaintiff with the Plaintiff’s funds, and purchased the instant real estate and the instant real estate in 2015 with the funds sold therefrom, and concluded a title trust agreement with the Defendant on the instant real estate.

B. The defendant according to the title trust agreement.

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