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(영문) 서울동부지방법원 2016.05.12 2014가합6754
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s children, and the Selection C is the Plaintiff’s wife as Defendant B’s wife.

B. On August 4, 2007, the Plaintiff entered into a contract for sale to E and F with the purchase price of KRW 1.031 billion (a loan of KRW 168 million on the date of the contract, KRW 100 million on September 4, 2007, KRW 200 million on September 4, 2007, and KRW 731 million on November 15, 2007), and accordingly, the Plaintiff completed the registration of ownership transfer with the Songpa-gu Seoul East Eastern District Court (Seoul Eastern District Court Decision 77099 on November 19, 2007).

C. Meanwhile, on September 18, 2007, Defendant B and Selected C (hereinafter “Defendant, etc.”) entered into a contract to purchase the instant multi-family multi-family housing (hereinafter “instant real estate”) of KRW 960 million (20 million on the date of the contract deposit, intermediate payment of KRW 50 million on November 9, 2007, and KRW 710 million on November 15, 2007) and accordingly, the registration of ownership transfer is completed with respect to each of the instant1/2 shares under the Gangdong-gu Seoul East East District Court Registry of the Gangseo District Court No. 53645 on November 15, 2007.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 3 (including each number), Eul evidence 8, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff, with the funds for selling the instant real estate owned by the Plaintiff, shall bear KRW 539 million, excluding KRW 42,100,000,000,000, out of the purchase price of the instant real estate, and the ownership transfer registration is completed under the name of the Defendant, etc. and actually resides in the instant real estate. However, the Defendant, etc. tried to sell the instant real estate on the grounds of recent living convenience fund raising funds, etc. However, the Defendant, etc. did not cooperate with the Plaintiff on the ground that he is the nominal owner, thereby filing the instant lawsuit against the Defendant, etc. seeking payment of KRW 539,00,000,000,000,000

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