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Reasons
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(영문) 서울동부지방법원 2016.03.25 2015나25909
부당이득금반환
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant is the Plaintiff’s wife and C’s wife.

C and the plaintiff are the same bookbook.

B. The Plaintiff, the Defendant, and C agreed to jointly purchase the land for the garage necessary for the taxi transport business and 836 square meters (hereinafter “instant real estate”) from Suwon-si, Suwon-si, Suwon-si and 3 lots of land (hereinafter “instant real estate”).

Accordingly, the Plaintiff purchased the instant real estate from E on April 17, 1989 in KRW 117,040,000, and completed the registration of ownership transfer in the name of the Plaintiff.

Around that time, the Plaintiff paid KRW 5 million to the Plaintiff, the Defendant, and C paid KRW 50 million to the Plaintiff, respectively.

C. Around May 5, 1994, the Defendant’s husband F, the Plaintiff, and C prepared a written confirmation to the effect that “The Plaintiff’s share in the instant real estate is 451/836, the Defendant’s share is 35/836, the Defendant’s share is 35/836, and C’s share is 350/836, and if a cause arises for sale or transfer of the instant real estate, the Plaintiff shall share tax and public charges according to the said ratio and distribute the remainder according to the said ratio.”

Around January 22, 2009, the Plaintiff sold the instant real estate to the Ga Young Construction Co., Ltd. for the same year.

7. Around 30,000 won (i.e., total amount of KRW 3,344,00,000 (i.e., KRW 836 x average price of KRW 4,00,000) and KRW 200,000 for resettlement costs after receiving any balance from the above company.

E. (1) The Plaintiff distributed the proceeds from the sale of the instant real estate to the Defendant, while paying a sum of KRW 105,500,000 to the Defendant from February 5, 2009 to April 1, 201, and the Plaintiff treated that the Defendant paid KRW 20,00,000 to the Plaintiff.

As a result, the Plaintiff distributed to the Defendant a total of KRW 125,50,000 (=105,500,000) out of the sales price of the instant real estate (=20,000,000).

(2) On the other hand, the Plaintiff and C jointly with several stock companies on April 13, 2009.

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