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(영문) 서울북부지방법원 2017.01.10 2015가단26150

부당이득금반환

Text

1. The Defendant’s KRW 21,264,133 as well as the Plaintiff’s KRW 5% per annum from November 12, 2016 to January 10, 2017.

Reasons

1. Basic facts

A. The registration of transfer of ownership was completed in the name of B, C, and D on April 3, 2001 due to the sale on March 20, 2001, among each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) and each of the buildings listed in the separate sheet No. 2 (hereinafter “each of the instant buildings”) listed in the separate sheet No. 1 and the respective buildings listed in the separate sheet No. 2 (hereinafter “each of the instant buildings”).

B. B is the mother of D, and C and D are married couple, and D died on July 18, 2006, and on November 15, 2006, as to 2/15 shares of D 1/3 shares of each of the above lands and buildings, the inheritance registration was completed in B in the future, and C began to occupy and use each of the above lands and buildings independently from around that time.

C. B completed the registration of ownership transfer in the name of the Plaintiff on January 4, 2007 with respect to the share of 7/15 of each of the above lands and buildings.

On the other hand, upon the death of C on March 15, 2014, the Defendant born between C and B on March 31, 2014, completed the registration of share ownership transfer on March 31, 2014 with respect to the 8/15 shares of C-8/15 shares of each of the above land and buildings on March 31, 2014, and F completed the registration of share ownership transfer on September 30, 2014 on September 21, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and 6 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion B purchased each of the instant lands on around 2001 in order to build a temple called “H”, and purchased Buddhist, fire extinguishing, defluent, and defluent and fluent teas, etc. At the time D was living together with C, the Plaintiff completed the registration of transfer of ownership in B, D, and C with respect to each of the instant lands and buildings.

D and C reported their marriage around 2004, and D died of traffic accident on July 18, 2006, and 1/3 of D Shares 1/3 of the above land and buildings due to inheritance.