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(영문) 서울중앙지방법원 2018.06.20 2017가합522452
부당이득반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is C's son, the defendant is C's son's son's son's son's son's, and the plaintiff and the defendant are the son's son's son.

B. On March 29, 1978, C, along with E on March 29, 1978, acquired 1/2 shares from each of the Flux 741.3 square meters in Seoul, Gangnam-gu, and jointly owned them. On October 25, 1999, C, while relocating the land to the California, California, and became a separate owner of the said Flux 370.6 square meters (hereinafter “instant land”) on the 27th of the same month. On July 9, 2008, C completed the registration of preservation of ownership by constructing the said building on the ground of the instant land, the steel tank sand site sloping project site 184.17 square meters, 24.76 square meters, and 4.76 square meters (hereinafter “instant building”).

C. Since then, C entrusted the management of the instant land and building to the Defendant, the Defendant, according to C’s instruction, borrowed KRW 500,000,000 from the G Bank as collateral for the instant land and building under C’s name on January 26, 2010.

(Account Number: H of the G Bank (hereinafter “instant G Bank Account”). In addition, on April 27, 2010, C opened an account in the name of the I Bank (Account Number: J of the I Bank (hereinafter “instant I Bank Account”) and transferred KRW 141,00,000,000, which was kept in the said I Bank Account to the said I Bank Account on the same day. The mother of the female transferred KRW 50,000,000 to the said I Bank Account, and transferred KRW 20,000,000 to the said I Bank Account under the name of the Defendant.

M, the lessee of the instant building, transferred monthly rent (ordinaryly KRW 14,300,00) to the instant I Bank account from May 201 to November 201. D.

C On July 14, 2010, on each of the instant land and buildings, C completed the ownership transfer registration in N, the Defendant’s children, and thereafter died on December 11, 2011.

The Plaintiff’s share on February 7, 2012 with respect to each of the instant land and buildings 19/20.

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