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(영문) 수원지방법원 2015.11.10 2015가단105427
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On December 30, 1991, the network D (hereinafter referred to as "the network") completed the registration of transfer of ownership on January 18, 1992 with respect to the land of 2,453 square meters (hereinafter referred to as "the instant real estate") prior to E in terms of harmony, and completed the registration of transfer of ownership on December 29 of the same year on December 30, 203, the non-party F had completed the registration of transfer on December 29 of the same year.

The Deceased died on October 4, 2014 and died on October 4, 2014, and there is the Plaintiff, Defendant B, Nonparty G, and H, and Defendant C is the spouse of Defendant B.

[Grounds for recognition] A. A. No. 1-3, 4, and 5, and the Plaintiff’s claim for return of unjust enrichment asserted by the purport of the entire pleadings, around April 1991, the Plaintiff concluded a sales contract for the instant real estate under the name of the Deceased, and conducted title trust by completing the registration of transfer of ownership on January 18, 192, when the Deceased resided for at least six months. The Deceased sold the instant real estate to F around June 2003.

Around July 2003, the Deceased said that the Plaintiff would pay the remaining purchase price to the Plaintiff upon receipt of the payment from the Plaintiff’s wife. Around January 2008, the Deceased said that the Plaintiff was well in custody of the purchase price.

The Deceased is obligated to return to the Plaintiff KRW 103,00,000,000 calculated by subtracting the loans of KRW 27,000,000 from the above purchase price of KRW 150,000 and the loans of KRW 27,00,000 granted by the Deceased on August 1, 200, by the Deceased, to the Plaintiff as unjust enrichment.

Therefore, Defendant B, the inheritor of the deceased, is obligated to pay the Plaintiff KRW 25,750,00 (=103,000,000 x 1/4 of the inheritance share) and delay damages.

The Defendants of the consignment claim against the Defendants of the deceased are entrusted with the management of KRW 103,00,000 from the deceased, and thus, jointly and severally bears the obligation to return the consignment amount of KRW 103,00,000 to the deceased.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff 25,750,000 won (=103,000,000 won x 1/4 of the inheritance share) and delay damages to the Plaintiff, who is the inheritor of the Deceased.

Judgment

Title trust.

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