beta
(영문) 울산지방법원 2017.04.21 2016가단8823

부당이득금

Text

1. The Defendant each of the KRW 18,461,58 won against Plaintiff A and B, Plaintiff C and D, respectively, and KRW 46,153,846 against Plaintiff E.

Reasons

1. Basic facts

A. A. Around 1912, approximately 1,018 square meters of G land at racing-si (hereinafter referred to as “land before subdivision”) is the land considered in the name of H around 1912.

B. On July 13, 1979, the deceased I (hereinafter “the deceased”) purchased the land prior to subdivision, which is unregistered land, and completed registration of preservation of ownership in the name of the deceased as to the land of 357 square meters prior to J in racing, which is part of the above land, based on the former Act on Special Measures for the Transfer of Real Estate Ownership (amended by Act No. 3094, Dec. 31, 197).

C. The Deceased died on December 9, 1987, and as the deceased’s inheritor, the Plaintiffs and their children, who were the deceased’s spouse, and the Defendant were the deceased. At the time, the heir’s share in inheritance under the Civil Act at the time is the Plaintiff A, B, the Defendant 1/26, the Defendant 6/26, the Plaintiff C, D, and the E 4/26, and the Defendant 6/26.

The deceased’s inheritors shall inherit the shares of the Plaintiff A, B, the Defendant 6/26, the Plaintiff C, C, and D 4/26, and the Plaintiff E 10/26 with respect to the size of 357 square meters prior to his J., on November 19, 2014. The Plaintiffs and the Defendant completed the registration of transfer of ownership in their own names as indicated above by the Ulsan District Court Decision No. 66639, Dec. 9, 1987, which was based on inheritance on December 9, 2014.

E. Meanwhile, in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”), the registration of the preservation of ownership in the Defendant’s name was completed on December 17, 2007 under Article 76362 of the Ulsan District Court’s receipt on December 17, 2007 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

F. After November 2, 201, the Defendant sold each of the instant land to Q in the purchase price of KRW 120 million, and completed the registration of ownership transfer in the name of Q on the 24th of the same month.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.