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(영문) 대구지방법원서부지원 2014.10.23 2013가합4396
부당이득반환등
Text

1. Defendant B’s KRW 130,000,000 as well as 5% per annum from September 25, 2014 to October 23, 2014, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was 4 South Korea as his child, and Defendant B was the head of the Plaintiff, and Defendant C was the wife of Defendant B.

B. On April 27, 2005, the Plaintiff completed the registration of transfer of ownership on the ground of the gift made on April 26, 2005, with respect to the Plaintiff’s 2198 square meters in Gusi-si, Si-si, 2198 square meters in F field, 160 square meters in Gu-si, 160 square meters in Gu-si, and 2400 square meters in D field (the area was reduced to 1495 square meters in G field as a result of the division of 905 square meters in the above land).

After that, Defendant B received KRW 842,881,320 (cash claim 300,881,320 won, KRW 542,00,000,00) from the Korea Water Resources Corporation as compensation money.

C. In addition, around April 201, the Plaintiff provided a building of 387 m2 and its ground owned by the Plaintiff as a security and donated KRW 80 million to Defendant B (the sum of the donations in paragraphs (b) and (c) above, and Defendant B purchased the above money from the Plaintiff at 107 m301,000,000,000,000,000 won.

[Recognizing as a result of the absence of dispute, entry of Gap evidence Nos. 1 through 4, and 19 (including virtual numbers), fact inquiry into Korea Water Resources Corporation, the purport of the entire pleadings.

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1 following the cancellation of the instant donation was made to the Defendants on the condition that the Defendants support the Plaintiff. However, the Defendants did not perform their duty to support, and thus rescind the said donation contract by serving a duplicate of the complaint of this case. Therefore, the Defendants jointly and severally have a duty to return to the Plaintiff KRW 922,881,320 (the land compensation amounting to KRW 842,881,320) to the original state, and to cancel the registration of transfer of ownership as to D response 1495 square meters, which is a real estate remaining after being incorporated. (2) The Plaintiff is obligated to jointly and severally assume a separate duty in relation to whether the gift of this case is subject to additional charge (Article 561 of the Civil Act) or the other party with respect to the gift.

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