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(영문) 부산지방법원 2016.08.19 2015나17613

부당이득반환

Text

1. The plaintiff's appeal and the plaintiff's claim extended in the trial are dismissed, respectively.

2. Appeal;

Reasons

1. Basic facts

A. 312 square meters (the name before the change of the administrative district shall be in accordance with the current administrative district name in Donam-gun or for convenience, and the unit area shall be in accordance with the name before the conversion into the site; hereinafter “land before the division”) of F and G shared one half shares, respectively.

B. The Plaintiff is F’s son and the Defendants are children between G and H, as G’s son and female.

C. The F died on April 5, 1966 by G and June 20, 1969, and as G were deceased on June 20, 1969, one half of F in the land before division was jointly inherited by the Plaintiff with the other inheritors of F, and one half of G was jointly inherited by H and I.

After that, the land before subdivision was divided into 189 square meters from Jin-gun in Busan, 65 square meters from the above L, 15 square meters from the above L, 3 square meters from the above L, and 40 square meters from the above N land. On June 20, 1973, the Plaintiff purchased the entire shares of the other inheritors of F and completed the registration of transfer of shares based on the above inheritance and the above sale and purchase. As to the remaining portion of G, H and I completed the registration of co-ownership (the shares of H 2/6, 1/6) by the above inheritance.

E. In addition, the above J land 189 square meters was divided into 132 square meters of J land on August 28, 1973 and 57 square meters of the above O land. According to the co-owned property partition consultation between the Plaintiff, H and I, the above J land 132 square meters were owned by the Plaintiff, while the above O land 57 square meters was owned by H and I (one half shares), and the remaining K land was 65 square meters of L, 15 square meters of N land, 40 square meters of N land (hereinafter the above three lots of land referred to as “instant land”) remaining as the Plaintiff, H, I’s co-ownership (one-half shares of Plaintiff 2, two-six shares of H, one-six shares of I6 shares, and one-six-six shares).

F. After the death of H and I, the Defendants jointly inherited H and I, and finally, the instant land is 1/2 of the Plaintiff’s share.