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(영문) 인천지방법원부천지원 2016.10.21 2015가단7598

부당이득금반환

Text

1. The defendant shall be the plaintiff.

(a) As regards KRW 147,225,284 and its KRW 30,232,955 among them, December 12, 2014; and 69,399.

Reasons

1. The following facts are either disputed between the parties, or acknowledged based on Gap evidence 1, Gap evidence 2, Eul evidence 3-1, 4, Gap evidence 9, Gap evidence 11, Gap evidence 12-1, 2, Eul evidence 6, and the whole purport of the pleadings. A. The following facts can be acknowledged based on the whole purport of the arguments.

The network D (hereinafter “the deceased”) was married with the network E and formed F, the Plaintiff, and the Defendant under the chain, and on June 21, 2009, the deceased donated each one-half of the land and the buildings listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff and the Defendant, respectively.

hereinafter referred to as "self-donation contract on June 21, 2009" is referred to as "self-donation contract".

(B) On September 27, 2013, the Deceased died, and the F, the Plaintiff, and the Defendant were co-inheritors of the Deceased. The Defendant leased the instant real estate to the lessee on January 10, 2014, while managing the instant real estate. The ownership transfer registration was made by F, the Plaintiff, and the Defendant as holding one-third shares of each of the instant real estate on inheritance on January 10, 2014. (c) The Plaintiff filed a lawsuit against F against F on June 21, 2009, seeking implementation of the ownership transfer registration procedure on the ground of an inheritance division agreement on November 4, 2013, against the first instance court (Seoul Western District Court Decision 2014Da205716, Feb. 6, 2015). However, the lower court’s judgment became final and conclusive on February 31, 2015 (Seoul District Court Decision 2015Da13815, Feb. 13, 2015).

On January 15, 2016, the Plaintiff completed the registration of ownership transfer on the ground of donation on June 21, 2009 with respect to 1/6 of the F share 1/3 of the instant real estate, and completed the registration of ownership transfer as to 1/2 of the instant real estate.

(e)in this case;