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(영문) 제주지방법원 2020.05.07 2019가합11131
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From October 1998, C entered into a de facto marital relationship with the Defendant from October 1998 to Seopoposi D, and died on November 4, 2017, and C’s heir is the Plaintiff, E, and F, a child.

B. 1) The title relationship of the instant real estate C is as follows: (a) each of the real estate listed in the separate sheet on February 14, 2011 (hereinafter “instant real estate”).

A) On January 25, 2011, 201, C completed the registration of ownership transfer on the ground of sale and purchase. 2) On March 8, 2016, C sells all of the instant real estate and its ground objects to G as KRW 1 billion (the contract amount shall be KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

(3) On March 10, 2016, the Plaintiff, E, and F, as C’s child, signed and sealed each contract on the status of confirmation as at the time of the instant sales contract. Meanwhile, C, on January 19, 2012, cancelled the right to collateral security established on January 19, 2012 with respect to the instant real estate as at the time of the instant sales contract, and completed the registration of creation of a neighboring mortgage with respect to the instant real estate as at KRW 650 million with respect to the amount of maximum debt, as at April 8, 2016, upon cancelling the right to collateral security established on January 19, 2012 by the debtor C and the debtor C.

4) On December 27, 2018, the Plaintiff completed the registration of ownership transfer based on inheritance by agreement and division with respect to the instant real estate on December 27, 2018. [In the absence of dispute over the grounds for recognition, the Plaintiff’s entry or video of the evidence Nos. 1, 2, 2-1 through 4, 3, 4-1 through 6, 5, 4-5, 1, 2, and 3, and the purport of the entire pleadings.

2. The assertion and judgment

A. From March 8, 2016 to July 18, 2017, Plaintiff G paid a total of KRW 950 million out of the sales price of the instant sales contract.

The defendant is not the heir of C, even if it is not the heir of C.

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