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(영문) 서울서부지방법원 2017.07.20 2016가단234657

부당이득금

Text

1. The Defendant: (a) KRW 6,724,178 for Plaintiff A; and (b) KRW 4,482,785 for each of the remaining Plaintiffs, and each of them on December 17, 2015.

Reasons

1. Basic facts (1) The inheritance ratio of the plaintiffs to co-inheritors who died on October 28, 1992 by the wife of J, who died on October 28, 1992, is 3/17 of the plaintiff A, 2/17 of the remaining plaintiffs, 2/17 of the plaintiffs, 4,032m2.1m2 (hereinafter "the real estate in this case") sold the previous owner L to the GJ of the Gowon-gun, Jeollabuk-gun, Jeollabuk-do (hereinafter "the real estate in this case") around 1973. However, the transfer registration was made on August 31, 1981 by the former owner L, who was the birth of the deceased. ③ The defendant sold the real estate in this case to M on the same day and received KRW 42 million of the purchase price, and received KRW 42 million,000,0000,000,0000,000 won, and the defendant paid KRW 374,37161m25.

2. Determination of the parties' arguments

A. The parties’ assertion (1) that the deceased J purchased the instant real estate and held title trust to the Defendant, who is the birthee, and that the Defendant disposed of it and made unjust enrichment equivalent to the purchase price, thereby seeking the return of the said unjust enrichment according to the ratio of inheritance shares of the Plaintiffs by the instant lawsuit.

(2) As to this, the defendant, considering that the defendant had been living without compensation for the deceased's farming activities, etc., the defendant donated the above real estate to the defendant, and even if the title trust was held by the interpreter, the defendant is not made within the grace period as stipulated in Article 11 of the former Act on the Registration of Real Estate under Actual Titleholder's Name (No. 4944 of March 30, 1995, hereinafter referred to as the "former Real Estate Real Name Act") and Article 1 of the Addenda of the former Act on the Registration of Real Estate under Actual Titleholder's Name (one year from the enforcement date of the above Act), and thus, the defendant's claim for the registration of the deceased