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(영문) 서울서부지방법원 2015.05.07 2015나858
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. C and the defendant around April 198 purchase the second floor of Eunpyeong-gu Seoul Metropolitan Government D ground housing (hereinafter “instant housing”) at the cost of KRW 14 million at the cost of 1/2 each around 1988 and purchased the same year.

6. 13. A completed the registration of ownership transfer in the name of C, and C, in order to guarantee the Defendant’s share in the said housing, set up a right to collateral security of KRW 15 million to the Defendant.

B. Since July 31, 2008, C sells the instant housing in KRW 160 million to E and the same year.

9.17. Although the registration of ownership transfer was completed, E reserved the payment of remaining KRW 4,555,000 until the cancellation of the above right to collateral security.

C. C filed a claim against the Defendant for the cancellation of the registration of creation of a neighboring mortgage on the ground that the secured debt of the instant right to collateral security has expired by prescription. The Defendant filed a counterclaim with the court 2009da73990, and sought the return of KRW 80 million, which is equivalent to the value of 1/2 equity interest in the instant house, on the ground that C has unjust enrichment. The court rejected the principal claim, and accepted the counterclaim claim, and the Seoul High Court 2010Na1256 (principal claim), 2010Na11263 (Counterclaim) appealed’s death during the continuation of the instant case, and the remaining inheritors except the Defendant, taken over the lawsuit. The above court ordered the above inheritors to pay KRW 80 million to the above inheritors in proportion to their respective shares. The final appeal became final and conclusive in the instant case, which became final and conclusive by the Supreme Court 201Da10747 (No. 201474) and 107Da17474 (Counterclaim).74).

C was established between the Plaintiff, the Defendant, G, H, I, J, and K (Death on December 26, 2009) with the spouse F, and K had M, N, andO with the spouse L, and C died on May 22, 2011, and F on July 8, 2013.

E. On March 2, 2012, P purchased the instant house from E and acquired the remainder of the obligation to purchase and sell the instant house, deposit KRW 15 million to cancel the instant right to collateral security, and the Plaintiff and the Plaintiff as to KRW 3,550,050.

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