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(영문) 대구지방법원포항지원 2017.05.18 2016가단103895
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are children of F (Death on December 24, 1990) and G (Death on February 8, 2015).

B. G among the instant real estate on January 25, 2008, which was after the death of F, was owned by F. On January 25, 2008, Plaintiff B completed the registration of ownership transfer on the portion of 1/25, Plaintiff C, D, and A with respect to each of 4/25 shares, and the Defendant completed the registration of ownership transfer on the portion of 6/25 shares by inheritance on December 24, 1990, respectively.

C. Meanwhile, around December 14, 2007, Plaintiff C sold the instant real estate in the purchase price of KRW 40 million on behalf of F’s heir. On January 25, 2008, Plaintiff C completed the registration of ownership transfer on behalf of F’s heir on January 14, 2008.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3, 5, Eul 1 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The main point of the argument was that if the Defendant donated 40 million won of the purchase price of the instant real estate to himself/herself, the Defendant promised to support the mother-friendly G.

Accordingly, around January 2008, the plaintiffs and G donated the above purchase price of KRW 40 million to the defendant, but the defendant did not perform the duty to support G until G dies.

Therefore, as the delivery of a duplicate of the complaint of this case cancels the above donation contract, the defendant is obligated to pay the plaintiffs the above 40 million won per inheritance share amount of the above 40 million won and the damages for delay.

B. In light of the above, even if the Plaintiffs and G donated KRW 40 million to the Defendant, the evidence submitted by the Plaintiffs, including the witness J’s testimony and the result of the party principal examination against the Plaintiff C, is insufficient to acknowledge the fact that the Defendant promised to fully support the said gift, and otherwise, evidence to acknowledge it.

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