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(영문) 대전지방법원 2016.05.04 2015가합103757
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the plaintiff B and C's claim are all dismissed.

2. The plaintiff (Counterclaim defendant) A.

Reasons

Basic Facts

F on March 14, 1994, the F had been married with the Plaintiff A, and the judicial divorce was made as follows:

Plaintiff

C and B are the births of Plaintiff A, and the defendant and G are F's friendship.

Plaintiff

A has commenced stock transactions since 1990, and since 1994, the mother E (Death on January 18, 2010) and the Securities Commission account (Account H and I) account in the name of the Dongmos and the Plaintiff B have traded stocks.

Plaintiff

A around July 14, 2003, in order to benefit from the recipients of basic living under the name of the Plaintiff, both of whose parents were in the consignment account in the name of the Plaintiff E, and shares [the total evaluation amount of shares in the consignment account in the name of the Plaintiff, KRW 93,63,311, KRW 32,04,784, and KRW 13,354,864] of the consignment account in the name of the Plaintiff [the total evaluation amount of shares in the consignment account in the name of the Plaintiff, KRW 93,63,311, and KRW 32,04,784, and the total evaluation amount of shares in the consignment account in the name of the Plaintiff] were transferred to the consignment account in the name of the Plaintiff (the account number K; hereinafter “instant consignment account”).

Since then, Plaintiff A transferred part of the shares deposited in the instant consignment account to the account under the name of the Defendant, such as the account number L.

F around July 2010, the instant consignment account managed by the Plaintiff A and the consignment account under the name of the Defendant was released with securities cards, seals, security cards, etc.

F on July 19, 2010, with respect to the shares in the instant consignment account, the pledger was established as Defendant, and with respect to the shares in the consignment account under the name of Defendant, the pledger was established as G, and each pledge was established.

Plaintiff

A filed a provisional report on F on July 27, 2010, and then I tried to shotly and read F as a day for which F had not come to go to the country.

Plaintiff

A on August 20, 2010, under a contract between G and buyer, to purchase the real estate listed in the attached Form (hereinafter “instant apartment”) in the name of G and the Defendant in KRW 107,00,000, and the down payment is 5,000.

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