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(영문) 서울서부지방법원 2020.07.15 2019가합32897
부당이득금
Text

1. For the plaintiffs:

A. Defendant E is 23,540,186 won, Defendant F is 37,98,400 won, Defendant G is 30,789,264 won and each of the said money.

Reasons

1. Basic facts

A. The Plaintiffs are children of the deceased J (Death on January 13, 2019), Defendant E, the Network K (Death on August 28, 2016), Defendant G, H, and I are the siblings of the deceased J, and Defendant F are the children of the deceased K.

B. The deceased L’s instant real estate ownership network L (the death of April 25, 2006) completed the registration of transfer of ownership on September 22, 1979 with respect to 3,439 square meters in Pyeongtaek-si Man Forest, 68 square meters in N, 2,88 square meters in O forest, 1,154 square meters in P forest (hereinafter “instant real estate”).

Defendant E, the network J, the network K, Defendant G, H, and I are children of the network L.

C. On May 12, 2015, with respect to the instant real estate for which the inheritance of Defendant E, etc. and the ownership transfer registration have been completed, each share transfer registration in the name of Defendant E, the deceased J, the deceased K, the Defendant G, the H, and I was completed.

The deceased J and Q entered into a sales contract on June 4, 2015 with respect to the shares of the deceasedJ among the instant real estate, and Q and Q entered into a sales contract on KRW 163,000,000 for the purchase price on June 4, 2015, and on June 10, 2015, the ownership transfer registration was made in Q and Q’s name.

E. Defendant E, etc. entered into a loan agreement of KRW 1 billion with the Korea Investment Association on June 5, 2015. On June 10, 2015, Q, Defendant E, Network K, Defendant G, H, and I, the owner of the instant real estate, entered into a mortgage agreement with the Korea Investment Association on June 10, 2015, and signed and sealed the written agreement as the establisher of the right to collateral security.

On June 10, 2015, the establishment registration of a mortgage on the instant real estate was completed on June 10, 2015, consisting of the association of the mortgagee, Qu of the debtor, and the maximum maximum debt amount

F. On April 10, 2017, Q and Q and Q have concluded a sales contract to purchase the land with the owner of the instant real estate on June 4, 2015 through Plaintiff D, an agent of the owner of the instant real estate, and purchase and sell the land with the owner of Q and Q, Q and Q, the Defendants.

All rights shall be waived as a purchaser according to the default of a sales contract.

The owner of the instant real estate has transferred to a third party.

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