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(영문) 전주지방법원 2021.03.18 2020나1632
부당이득금
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

the purport and purpose of the claim;

Reasons

1. The following facts may be found either as a matter of dispute between the parties or as a whole as a whole in each entry in the evidence Nos. 3, 6, and 8, and Eul Nos. 3 and 5 (including branch numbers; hereinafter the same shall apply).

A. On April 16, 2014, the deceased H (hereinafter “the Deceased”) purchased KRW 20,16,000 out of the purchase price on the same day and paid KRW 20,16,000 out of the purchase price on the same day by purchasing KRW 5,04,00,00 from the Korea Rural Community Corporation, the FY 50m2, G field 2,835m2 (the aforementioned two land was combined with the 3586m2,000m2,00,000,0000,0000,000 from the receipt of the registration office in the Janan District Court on the 17th of the same month.

B. On July 12, 2016, Defendant B completed the registration of the transfer of ownership on the instant land under the jurisdiction of the former District Court No. 1006, Jan. 16, 2017, on the grounds of inheritance by division of consultation.

(c)

Defendant B’s spouse, and the rest of the Defendants are the deceased’s children, and the Defendants are the legal professionals of the deceased.

(d)

The Plaintiff cultivated rice, etc. from around 2005 to around 2016 on the instant land.

2. Determination as to a claim for return of unfair profits equivalent to the purchase price and payment in installments

A. The Plaintiff alleged that the Plaintiff purchased the instant land and entered into a trust agreement with the Deceased, and the deceased purchased the instant land from the Korea Rural Community Corporation that did not know the fact as a trustee pursuant to the trust agreement under the above title. As such, the deceased is obligated to pay the purchase fund of the instant land by returning unjust benefits in accordance with the purport of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, the Defendants, which are the legal professionals of the Deceased, are obligated to return the purchase price of KRW 21,200,00 provided by the Plaintiff to the Plaintiff and KRW 5,243,890 ( KRW 1,80,000 in 2014, KRW 1,729,150 in 2015, KRW 1,729, KRW 714,740 in 2016) in proportion to their respective shares.

(b) judgment;

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