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(영문) 서울중앙지방법원 2015.11.12 2014가합35315

부당이득금

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendants, and D, E, F, and net G (Death on July 7, 1991), and H are children of the network I (Death on October 11, 1987; hereinafter “I”) and the network J (Death on December 18, 2013; hereinafter “J”).

B. Around January 30, 1973, I inherited from the Dong K, his mother’s husband, and completed the registration of ownership transfer for each of nine children, etc., including the remaining seven children, other than the F sent out from himself and his wife J and children, on February 1, 1973.

C. On the instant land, I newly constructed a single-story shop, a single-story shop, and a third-story shop (hereinafter “each of the instant buildings”) on April 17, 1986, and completed registration of the initial ownership of each of the instant land by 1/8 shares in its own name, 1/8 shares in the name of 8 children, including 7 children except F among the wife J and children, and 1/9 shares in each of the three-story stores, including 1/9 shares in each of 9 children, including 7 children, excluding F among himself and J and children.

Meanwhile, from July 29, 2009 to November 19, 2012, the Plaintiff paid KRW 182,891,890 to the children of Defendant B or Defendant B from his own account at least nine times, and KRW 350,000,000 from January 21, 2008 to August 25, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9, 10 (including each number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion I and J agreed to donate or inherit each of the instant land and each of the instant buildings to their children (Plaintiffs, D, and E) and completed registration of ownership transfer and preservation of ownership in the name of their children, including the Defendants, due to tax issues.

After the death of referring I, the NJ, the mother, including the Defendants, was thought to donate each of the instant land and each of the instant buildings to the children including the Plaintiff, while it was said to be the Plaintiff.