부당이득금
1. The Defendant: 5% per annum from June 15, 2018 to August 17, 2018 to the Plaintiffs respectively, and the following.
1. Basic facts
A. On December 28, 1995, the plaintiffs and the deceased, the defendant, the non-party G, the H, and I completed each transfer registration on the ground of the completion of the prescriptive acquisition on March 3, 1971 with respect to the 1,269 square meters before the J of Incheon Guns J (hereinafter “the real estate in this case”).
(The defendant and the net A share 6/31, the share of the plaintiff C, D, G, and I, each of 4/31 shares, and the shares of the defendant B, E, and H are 1/31 shares).
After January 24, 1996, the defendant became the sole owner of the real estate of this case after completing the registration of transfer of shares due to sale and purchase as of January 23, 1996 with respect to all remaining shares except for the shares he owns among the shares in this case.
C. The Defendant asserted that the deceased and the Plaintiffs, H, I, and G’s successors, K, L, and M have completed the registration of ownership transfer by forging documents, and filed a lawsuit against the Defendant for the cancellation of ownership registration under the Incheon District Court Decision 2013Da51888.
On February 10, 2014, the lower court rendered a decision to recommend reconciliation that “the Defendant shall implement the procedures for registration of cancellation of ownership transfer registration with respect to shares 6/31 of the instant real estate to the deceased A, and the rest of the Plaintiffs shall waive their claims.”
In accordance with the above Incheon District Court Decision 2013Kadan51888 decided to recommend reconciliation, the ownership was registered on April 29, 2014. Accordingly, the deceased A owned 6/31 shares and the defendant owned 25/31 shares of the real estate in this case.
E. After July 7, 2014, the Network A completed the registration of transfer of shares on the ground of a gift made on July 4, 2014 with respect to each of 3/62 shares in the instant real estate to the Plaintiffs.
F. The deceased died on September 23, 2015, during the instant lawsuit.
The deceased A’s heir has the Plaintiffs, Defendant, H, I, and G as their children, K, L, and M, and only the Plaintiffs took over the instant lawsuit.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings
2. The assertion.