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(영문) 울산지방법원 2017.10.25 2016가단3231
부동산매입대금반환
Text

1. The defendant shall pay each of the plaintiffs KRW 90 million.

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

3.Paragraph 1.

Reasons

1. The parties' assertion

A. The plaintiffs asserted that they received KRW 195 million as damages due to D's death.

The plaintiffs suggested that the defendant, a large child, purchased real estate while finding the method of using the said money together with his family members.

Plaintiff

A was to identify the real estate to be purchased to the defendant.

After finding out the real estate to be purchased, the Defendant purchased the land and the housing (hereinafter “instant real estate”) in the name of the Plaintiff A at the time of racing, and registered it under the name of the Plaintiff. The Plaintiffs believed to be the funds necessary to purchase the instant real estate, out of the amount received as compensation.

The Defendant purchased the instant real estate with the said money and completed the registration of ownership transfer in his own name, not Plaintiff A, but did not transfer the ownership of the instant real estate to the Plaintiffs.

Therefore, the defendant should return to the plaintiffs that he would purchase the real estate of this case in the name of the plaintiffs, and that he received KRW 180 million.

B. The Defendant’s assertion that the amount the Defendant received from the Plaintiffs is KRW 150 million.

The defendant and the defendant's birth D are children of the plaintiff A and F, and the plaintiff A married with the plaintiff Eul, but did not support the defendant and D after they were married with the plaintiff Eul.

Plaintiff

A received compensation for damages, “The Defendant, as his father, does not have any son or his father, lost all the money held by his mother as his mother, thereby getting divorced, and the divorce was also made. A, the only siblings, was the death of D, who reduced the amount of KRW 150 million out of the compensation received by the death of D, she prepared a house and live a normal life.”

Accordingly, the Defendant purchased the instant real estate and donated KRW 150 million to the Defendant with the funds to purchase the said real estate.

Therefore, the defendant is obligated to pay the donated money to the plaintiffs.

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