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(영문) 인천지방법원 2021.03.16 2019가단275983

보관금 반환

Text

1. The defendant shall pay 20,750,000 won to each of the plaintiffs and 12% per annum from February 27, 2021 to the day of full payment.

Reasons

1. Basic facts

A. D A. On November 3, 1995, when the Plaintiff owned the land of 2830 square meters in Incheon Strengthening-gun E, Incheon, died, and the said land was inherited to D’s wife F (3/7 shares) and the Plaintiffs (2/7 shares, respectively) who are children.

B. On November 16, 1996, the F and the Plaintiffs asserted that the Defendant, a female farmer of F, would be deemed to have made a clerical error on November 7, 1996, in light of the fact that the Plaintiff, on November 7, 1976, purchased and sold the 2830 square meters of land in Incheon-gun E, Incheon-gun, and that the ownership in the future was changed due to the sale on February 21, 1987.

The registration of transfer of ownership (hereinafter referred to as "registration of transfer of ownership of this case") was completed on the ground of B.

(c)

The F died on January 30, 2014, and the plaintiffs jointly inherited their property.

(d)

On March 29, 2019, the land of this case was divided into 1978 square meters, G 330 square meters, G 522 square meters on March 29, 2019 (hereinafter “instant land”). E., however, on February 24, 2019, the Defendant appears to have concluded a sales contract on the premise that the instant land was divided or divided.

In order to sell the instant land to H in total amount of KRW 250,00,000, KRW 174,100,000, KRW 330 square meters in G field, KRW 30,000 in G, KRW 522 square meters in G, KRW 45,90,000, and KRW 522 square meters in G, and KRW 250,000 in each of the instant land to K (hereinafter “the instant sales contract”), and on April 1, 2019, registered the transfer of ownership to the said buyer, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) 1 of the parties’ assertion 1 of the Plaintiffs 1) - The Plaintiffs’ request for return of unjust gains - The Plaintiffs’ request for return of unjust gains was made to obtain economic benefits, such as permanent rental housing residence and designation of recipients of basic livelihood, since they are not good health. F and F.