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(영문) 제주지방법원 2018.08.30 2017가합663
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff related to the parties is the mother E, the mother of Defendant C, and Defendant D is the spouse of Defendant C.

The plaintiff's adult guardian B is the plaintiff's two.

B. On August 18, 2008, the Plaintiff traded relevant real estate (1) and around 18, 2008, the Plaintiff owned the Plaintiff F orchard 593 square meters and G orchard 2858 square meters (the sum of the two land; hereinafter referred to as “instant orchard”).

A) Around January 23, 2009, Defendant C sold the instant apartment at KRW 344,480,000,000. (2) around January 23, 2009, Defendant C purchased in KRW 160,000,00 from Seopopo-si H apartment at KRW 101,407 (hereinafter “instant apartment”) under Defendant D’s name, and sold the instant apartment to I and J around May 27, 2016.

C. On October 2, 2014, the Plaintiff’s health condition, as K students, was hospitalized in Korea University Hospital for nine months after he/she received two times of cerebrovascular surgery. From July 2015 to July, 2015, the Plaintiff was under rehabilitation treatment and nursing in the Lcare hospital.

Defendant C, on January 6, 2016, filed an appeal for the commencement of adult guardianship against the Plaintiff with Jeju District Court Decision 2016Ra10000, which was dismissed. B, on June 28, 2016, filed an appeal for the commencement of adult guardianship with Jeju District Court Decision 2016Ra486, which was appointed as the Plaintiff’s adult guardian on November 18, 2016.

[Reasons for Recognition] Unsatisfy, Gap 1-8 evidence (including virtual number), the purport of the whole pleadings

2. The plaintiff's assertion as to the cause of claim

A. After selling the instant orchard on behalf of the Plaintiff, Defendant C, after selling it, purchased the instant apartment at KRW 300 million and sold it at KRW 300 million on behalf of the Plaintiff, thereby making unjust enrichment equivalent to KRW 300 million in the purchase price of the said apartment without any legal ground.

The Defendants jointly have the duty to return the amount of unjust enrichment of KRW 300 million to the Plaintiff.

B. Defendant C had the instant apartment owned by the Plaintiff and sold it to others after completing the registration of ownership transfer under Defendant D’s name. The amount equivalent to KRW 300 million is paid.

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