소유권이전등기
1. The plaintiffs' primary claims and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Facts of recognition
A. Defendant E completed the registration of ownership transfer for reasons of sale on July 26, 2010, with respect to GJ 331 square meters (hereinafter “instant land”) in Jeju-si from the Ma-Ma on July 27, 2010 (hereinafter “the deceased”).
B. On March 11, 2015, the Deceased died, and as his inheritor, Defendant D, the Plaintiffs, Defendant E, F, and I jointly inherited the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the entire argument as to the plaintiff’s primary claim, Defendant F borrowed KRW 50 million from the deceased on March 26, 2013 without an agreement on interest and due date for payment. The plaintiffs inherited the above loan claim of the deceased in 2/15 shares.
In addition, Defendant F’s withdrawal of the above money without permission against the deceased’s will, thereby committing a tort or unjust enrichment. The Plaintiffs inherited the deceased’s claim for compensation for damages or restitution of unjust enrichment each by 2/15 shares.
Therefore, Defendant F is liable to pay each of the plaintiffs 6,66,66 won (=50,000,000 x 2/15) and delay damages.
Defendant D, from the deceased’s account, deposited KRW 85,278,209 on November 7, 2014, and KRW 85,278,209 on January 12, 2015, the sum of KRW 85,278,209 on the deceased’s account without permission, against the deceased’s will, thereby unlawful or unjust enrichment. The Plaintiffs inherited the deceased’s claim for compensation for damages or return of unjust enrichment, respectively, by inheritance of 2/15 shares. As such, Defendant D is liable to pay each of the Plaintiffs (i.e., KRW 11,370,427 (= KRW 85,278,209 + KRW 2/15) and damages for delay.
As to the land of this case, the registration of transfer of ownership completed in the future of Defendant E constitutes a registration of invalidation of cause due to a conspiracy or false indication between the deceased and Defendant E, or a registration document forgery or deception of Defendant E, etc., Defendant E constitutes a registration of transfer of ownership with respect to 2/15 shares out of the land of this case corresponding to each inheritance share.