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(영문) 부산지방법원 2017.09.21 2017가합40910

부당이득금

Text

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

2...

Reasons

Basic Facts

The relevant net F (Death on April 20, 200) of the Parties is the spouse of the deceased G (Death on May 29, 2015, hereinafter “the deceased”) and the Plaintiffs, H, I (hereinafter “Plaintiff, etc.”) and the Defendants are children between the deceased and the deceased.

On May 2, 2003, the deceased’s testamentary gift on May 2, 2003, a notary public made testamentary gift by the notarial deed No. 3036, 2003. The content of the testamentary gift is the real estate listed in paragraph (10) of the attached Table No. 10 (hereinafter “instant site”) and the real estate listed in paragraph (11) of the same list (hereinafter “instant house”) to Defendant D, and the real estate listed in paragraph (9) of the attached Table No. 9 (hereinafter “instant land”) to K and L, a son (the children of Defendant D).

On March 6, 2004, Defendant D completed the registration of ownership transfer based on donation on March 3, 2004 with respect to 100/3650 of the land of this case. On May 25, 2010, Defendant D completed the registration of ownership transfer based on gift on May 18, 2010.

On the other hand, on June 27, 2013, the deceased made a testamentary gift by a notarial deed No. 672, No. 672, 2013 (hereinafter “instant testamentary gift”). The content of the testamentary gift cancelled on May 2, 2003, and the content of the testamentary gift is jointly inherited by the plaintiff, etc., 2650 shares (hereinafter “real estate subject to the instant testamentary gift”) out of the land of this case, all of the instant housing, and remaining as owned by the deceased.

Plaintiff

After the death of the deceased, etc. on August 13, 2015, the registration of ownership transfer based on legacy was completed on May 29, 2015.

Plaintiff

On November 26, 2015, the agreement M and the Plaintiff, etc. between the Defendants entered into a sales contract for the instant land with the purchase price of KRW 3.12 billion (hereinafter “instant sales contract”) with the non-O and two other parties on the instant land, and KRW 500 million out of the down payment.