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(영문) 부산지방법원 2016.06.29 2015나44042
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim that is changed in exchange at the trial is dismissed.

3.

Reasons

1. Facts of recognition;

A. The plaintiff is the husband and wife B, C and C.

The Busan District Court held that “43,649,770 won and 43,409,500 won among them shall be paid at the rate of 14% per annum from August 9, 2006 to November 8, 2006, 16% per annum from November 25, 2007, and 20% per annum from the next day to the date of full payment.”

B. The real estate of this case is "the real estate of this case" not exceeding 101 Busan Shipping Daegu Doz.

A) The Plaintiff was originally owned by C, and the Plaintiff completed the registration of ownership transfer on November 21, 2012 due to the sale by a voluntary auction, and the Defendant is Defendant B and C’s husband. The Plaintiff again completed the registration of ownership transfer due to the sale on the same day. [Grounds for Recognition] The Plaintiff did not dispute, and the Plaintiff’s evidence Nos. 1 through 4 (including number, hereinafter the same shall apply) (including number, etc.).

each entry, the purport of the whole pleading

2. The plaintiff's assertion

A. The primary assertion is that the Defendant, as his wife B and C, did not reach the age of 21 at the time of the purchase of the instant real estate. As such, the person bearing the purchase fund of the instant real estate is B and C, and only the contractor’s name has been registered for the transfer of ownership.

This constitutes an invalid title trust, and thus, the Defendant returned the purchase price to B and C as unjust enrichment. The Plaintiff, on behalf of B and C, seek a return of KRW 105,00,000 on the transaction price on the registry of the instant real estate, which was KRW 25 million out of the purchase price, from the Defendant on behalf of B and C - the actual secured debt of KRW 80,000,000, which was established on the instant real estate.

B. Even if the Defendant did not title trust the instant real estate, both C and B paid for the purchase of the instant real estate. As such, the Defendant was finally responsible for the purchase of the instant real estate, ① KRW 5,995,220, directly paid by the Defendant as the purchase price of the instant real estate, KRW 115,00,000,000.

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