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(영문) 부산지방법원 2015.10.23 2015가단201868

부당이득금

Text

1. Defendant E:

A. 1,216,042 won to Plaintiff A, 16,824,063 won to Plaintiff B, and 28,040,105 won to Plaintiff D, and each of them.

Reasons

1.The facts following the facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence 1 to 4 (including branch numbers), by integrating the whole purport of the pleadings.

Attached Form

Each of the lands listed in the list (hereinafter “each of the instant lands”) was owned by H, and the land listed in paragraph (1) and paragraph (2) were originally owned by “the instant land 1” and “the instant land 2”).

B. On October 19, 193, as H died on October 19, 1993, Nonparty I, his spouse, jointly inherited H’s property at the rate of 75/425 shares, Defendant E and F, and Nonparty J and Nonparty J, respectively.

C. As the J died on September 4, 1995, the Plaintiff A, his child, jointly succeeded to the property of the J at the ratio of 2/5 and 3/5 shares of the Plaintiff B, his spouse.

When I died on November 28, 2003, he jointly inherited or inherited the I's property in proportion to the shares of 1/7, the shares of 1/7, the shares of 2/35, the shares of 2/35, and the shares of 3/35 shares of 3/35.

E. Meanwhile, on September 29, 2005, K is against Plaintiff D, who is a child.

The 50/425 shares out of each land of this case acquired by inheritance under this subsection were donated, and the registration of ownership transfer was completed on September 30, 2005.

F. After that, upon the death of K on May 8, 2010, Plaintiff D inherited K’s property solely.

G. The plaintiffs' shares in each land of this case due to the above inheritance are as listed below.

Plaintiff

J Death ( September 4, 1995 x 30/425 x 35 x 3/425 x 3/5 x 3/5) B equity 30/425 x 30/425 (=50/425 x 2/5 x 1/7 x 2/5 x 6/595) B equity 30/425 (20/425 x 3/425 x 3/5 3/425 x 3/5 3/425 x 3/5) x 3/595 x 3/425 x 3/425 9/425 9/425 9/425 9/5 9/5) (i)

H. However, from the time of H’s death, Defendant E is growing crops by exclusively occupying the instant land, and Defendant F is growing crops by exclusively occupying the instant land.

2. Determination: