beta
(영문) 창원지방법원진주지원 2017.08.25 2015가단2641

부당이득금반환

Text

1. The defendant,

A. As to Plaintiff A’s 13,49,300 won, Plaintiff B’s 17,489,800 won, and each of the above amounts, respectively. < Amended by Presidential Decree No. 27900, Apr. 14, 2017>

Reasons

1. Facts of recognition;

A. The network D owned each real estate listed in the separate sheet (hereinafter “each real estate of this case”, and when referring to a specific real estate among the above real estate, it indicated the sequences listed in the separate sheet) and died on June 18, 1995. At the time of the death, E, the Plaintiffs, Defendant, and F, who are the spouse, were the spouse.

B. On May 19, 2005, the Defendant completed the registration of ownership transfer on the sole name of the Defendant for the reason of inheritance by consultation and division on June 18, 1995.

C. On August 23, 2013, the Plaintiffs filed a lawsuit against the Defendant seeking cancellation of the ownership transfer registration under the name of the Defendant with respect to each of the instant real estate as to the title transfer registration under the name of the lower court, and this court rendered a judgment on February 20, 2014, stating that “the Defendant shall implement the procedure for cancellation of ownership transfer registration with respect to 9/11 shares out of each of the instant real estate,” and that “the Defendant appealed to the Plaintiffs as Changwon District Court 2014Na4075, but the said judgment became final and conclusive by withdrawing the said appeal.”

In accordance with the above final judgment, on August 14, 2014, E had the ownership transfer registration for shares of 3/11, the plaintiffs, the defendants, and F with respect to each share of 2/11.

E. On August 14, 2014, Plaintiff A and F donated 2/11 shares, one’s own inheritance shares, among each of the instant real estate, to Plaintiff B, and completed the registration of ownership transfer on September 25, 2014.

F. On the ground of each of the instant paragraphs 2 and 3, the real estate of this case is constructed, and the Defendant, along with his mother E, has been living in the real estate of this case in the real estate of this case 1 from 1982 to 1982 from the closing date of the argument of this case and has been residing in the real estate of this case 4.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 6, 8, 16 (including branch numbers, if any; hereinafter the same shall apply), images of Gap evidence 18, 26, and this Court.