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(영문) 의정부지방법원고양지원 2016.04.08 2015가단84534
부당이득금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the mother of the network C, and the defendant is the child of the network C.

B. On January 22, 1987, the Plaintiff purchased Gangdong-gu Seoul Metropolitan Government Multi-household 102 (hereinafter “D Housing”) and acquired ownership in the name of the Plaintiff.

On July 10, 2007, the Plaintiff sold the D house to Nonparty E in the amount of KRW 215,000,000, and completed the registration of ownership transfer on August 6, 2007 in the name of E.

C. On July 17, 2007, C purchased from Nonparty F for KRW 125,00,000 from Nonparty G apartment No. 603 and KRW 1206 (hereinafter “G apartment”) in Seoul Special Metropolitan City, Nowon-gu, and completed the registration of ownership transfer in its own name on August 23, 2007.

On August 8, 2011, C sells G apartment units to Nonparty H in KRW 170,00,000, and purchased I apartment units No. 204 (hereinafter “instant real estate”) from August 16, 201 to KRW 98,00,000, and completed the registration of ownership transfer on the instant real estate on October 7, 201.

On the other hand, the Plaintiff had resided in D’s residence from October 3, 1986, and around 1976, the Plaintiff married with his spouse J and the Defendant and Nonparty K as his children. However, after the divorce with J around 1986, the Plaintiff filed a move-in report on D’s housing and had resided in D’s housing, G apartment and this case’s real estate as the Plaintiff.

E. The inheritance C of the instant real estate died on June 3, 2015, and the Defendant completed the registration of ownership transfer concerning the instant real estate on July 9, 2015 on the grounds of inheritance by consultation and division.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. The Plaintiff’s assertion is that the Plaintiff purchased G apartment and IP as the price for selling D housing, and completed the registration of ownership transfer under the name of C in accordance with the title trust agreement. The title trust agreement is null and void, and the above title trust agreement is cancelled through the instant lawsuit. Therefore, the Defendant, the heir of C, is the instant case.

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