(영문) 서울남부지방법원 2017.09.29 2016가합109841

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.09.29 2016가합109841

부당이득금

Text

1. As to KRW 418,409,00 and KRW 388,409,00 among the Plaintiff, the Defendant shall be from January 28, 2017 to September 29, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children of C, and C died on June 25, 2016. Accordingly, the Plaintiff and the Defendant inherited the property of C, which are children, and the shares of inheritance between the Plaintiff and the Defendant are 1/2.

B. On April 11, 1989, the registration of transfer of ownership in the name of the Plaintiff was completed with respect to the Plaintiff’s right to claim the transfer of ownership in the name of the Defendant on the ground of a pre-sale on June 27, 1997, the provisional registration of the right to claim the transfer of ownership was completed on December 29, 2005, and the registration of transfer of ownership in the name of the Defendant was completed on December 29, 2005 on December 20, 2005, and on January 20, 2012, the ownership transfer registration was completed in the name of the limited industry development corporation (hereinafter “accuracy industry development”).

C. The registration of transfer of ownership in the name of the Defendant was completed on December 3, 1982 with respect to the building of 182 square meters in Yangcheon-gu Seoul E, including the ownership of real estate E and the second floor thereof (hereinafter “E real estate”), and on April 5, 2006, the registration of transfer of ownership in the name of C was cancelled on the ground of a final judgment on January 23, 2013, and the registration of transfer of ownership in the name of C was cancelled on December 15, 2015.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3, 9, 19 (including each number in case of a tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) D’s claim for return of unjust enrichment (A) D’s real estate (1) the Defendant: (a) completed the registration of ownership transfer claim by forging a written promise for sale and purchase of D’s real estate owned by the Plaintiff; (b) completed the principal registration based on provisional registration; and (c) sold D’s real estate development KRW 610 million, and paid only KRW 15 million out of the purchase price to the Plaintiff.

Therefore, the defendant.

유사 판례

-서울고등법원 2015.10.29 2013나2024748

-의정부지방법원 2014.04.23 2012가합71463

-의정부지방법원 2016.01.28 2014가합55953

-서울중앙지방법원 2014.11.06 2014가합8016

-대구지방법원 2018.07.13 2016가단9190