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(영문) 수원지방법원안양지원 2017.07.07 2016가합101995
부당이득반환 청구의 소
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are married couple, and F is the mother of Plaintiff A, Defendant D is the same as Plaintiff B’s mother, Plaintiff B’s partner, Plaintiff B and Defendant D, and H are both parties, and H is Defendant D, Plaintiff B, and Defendant B’s mother, and Defendant E is the spouse of Defendant D.

B. Defendant C completed the registration of ownership transfer in its name on July 11, 2008, on the ground of sale on June 19, 2008, with respect to the I apartment Nos. 931, 204, 204 (hereinafter “instant apartment”).

C. K completed the registration of ownership transfer under its name on the ground of sale on June 20, 2008 with regard to No. 104 of I Apartment 942, No. 1, 2044, 2008. On March 5, 2009, K completed the registration of ownership transfer on the ground of sale on June 20, 208.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The primary claim Plaintiffs, as shown in [Attachment 3], remitted KRW 2,248,969,643 to Defendant D as shown in [Attachment 3], and among them, KRW 1,789,929,643, excluding the resale price of J-Sale. Defendant D paid only KRW 1,176,090,30 among them to the Plaintiff. As such, Defendant D should pay the remainder of KRW 613,839,343 and delay damages therefrom.

B. From June 19, 2008 to August 29, 2008, the conjunctive plaintiffs paid 560 million won to Defendant D, etc., which was used as the purchase fund of the apartment of this case.

In light of the fact that Defendant C or K was under a police investigation, and the actual owner of I Apartment 931, 204, 942, 104 was Plaintiff B, and Defendant D was stated to have prepared a contract by lending the name at the time of sale of the apartment, etc., the apartment of this case is owned by Plaintiff B, and is under a contract title trust under Defendant C’s name.

The Defendants unjust enrichment the amount equivalent to the purchase fund provided by the Plaintiffs, and the Plaintiffs were refunded KRW 280,000,000 among them, so the Defendants are jointly and severally liable to the Plaintiffs.

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