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(영문) 서울남부지방법원 2020.05.12 2019가단264063
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion was jointly owned by the Defendant and D with the Jung-gu Seoul Metropolitan Government C Dae-gu 37.7 square meters (hereinafter “instant real estate”).

The plaintiff, E (F succeeded to E's shares on January 7, 2010), G, H, and I (J succeeded to I's shares on December 16, 2009) succeeded to D's shares among the instant real estate on October 20, 1993.

The instant real estate was sold in KRW 400 million around February 2014.

Although the plaintiff, F, G, H, and J should have divided its 1/2 billion won and the defendant divided its 1/2 billion won and 300 million won, the defendant brought about 300 million won.

The defendant shall pay to the plaintiff KRW 25 million equivalent to the plaintiff's share of KRW 100 million, which is brought to the plaintiff without any cause, and interest thereon.

2. According to the purport of Gap evidence Nos. 1, 1 and 2 and the entire pleadings, it can be acknowledged that Eul owned 3/4 shares of the instant real estate until February 2014 in relation to the instant real estate according to the judgment, such as the Seoul District Court 87 Gohap6361, etc., and the defendant completed the registration of ownership of 3/4 shares, and thereafter the defendant owned 3/4 shares of the instant real estate.

In addition, the Plaintiff, F, G, H, and J sold the instant real estate jointly with the Defendant.

In full view of these circumstances, even if the Defendant had 300 million won out of 400 million won of the purchase price, it cannot be said that the Defendant obtained KRW 100 million without any cause.

3. The claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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