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(영문) 부산지방법원 2018.01.18 2017가합43322

부당이득금

Text

1. Defendant B: (a) on March 11, 2013, the Busan District Court’s Dong Branch Branch of the District Court with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties 1) The network D (hereinafter “the network”).

(2) The Plaintiff married with E, and the Deceased and E’s children were married. (2) The Deceased and the Deceased were married with the Defendant B, but the consultation was married on August 3, 1998, and the marriage was reported on August 20, 2007, and the agreement was married on December 7, 2010.

Defendant C is the deceased and his offspring B.

3) On November 22, 2011, the Deceased died, and at the time of the death, the inheritor was between the Plaintiff and the Defendant C. B. At the time of the death of the Deceased’s inherited property, the real estate out of inherited property (hereinafter “each inherited property”).

The following shall be applicable:

Now, 1 Busan Northern District F land (hereinafter referred to as “instant F Real Estate”)

Each real estate listed in the separate list of the above land-ground buildings (hereinafter referred to as "real estate of this case") shall be the "real estate of this case"

3 The deceased’s share 4 Pohang-si G land in Gyeongnam-gun, Chungcheongnam-do.

C. On December 27, 2011 or January 16, 2012, the Plaintiff and Defendant C, who are the deceased’s inheritors of each of the instant inherited properties, completed the registration of ownership transfer under their own names within the scope of their respective shares due to inheritance (each 1/2) with respect to the remainder of the instant inherited properties other than the instant F, among each of the instant inherited properties. (2) Defendant C completed the registration of ownership transfer due to the inheritance on March 6, 2012 on each of the instant inherited properties.

On March 11, 2013, Defendant B made the registration of ownership transfer stated in Section 1 of the Disposition on the ground of sale on March 9, 2013 with respect to the real estate of this case, for which the Plaintiff possessed one-half shares.

E. Defendant B borrowed money from the Busan Bank Co., Ltd. (hereinafter “B”), and ordered the Busan Bank to register the establishment of a neighboring mortgage on the real estate in this case, and the maximum debt amount per the registration date of the detailed contract: