beta
(영문) 서울동부지방법원 2014.06.20 2013나10569

부당이득금반환 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant married with H and placed four children of J (J, Z, K (Snam, Sym), L (2 South, W) and Plaintiff (3 South).

B. On August 4, 2011, the 1154 square meters in Yeongdeungpo-gu, Suwon-gu, Suwon-si is divided into five parcels of land: C 263 square meters, D 100 square meters, E 263 square meters, F 263 square meters, G 265 square meters, and G 265 square meters.

C. The change in ownership of the Young-gu 1154m2 (hereinafter “instant land”) in Young-gu, Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant land”) shall be as follows, and the process of the change shall be arranged as indicated in the table.

On June 21, 2011, the Plaintiff sold his/her share to a third party and transferred the registration of ownership transfer.

① The transfer registration of March 3, 1978 (the sale on February 28, 1978) No. 1/2 shares of H 1/5 and 1/2 shares of H 1/5 (the Defendant’s wife on July 10, 1978) were entirely transferred to H 1/4 and owned by H 1/64 on May 13, 1994 (the Plaintiff’s transfer on May 12, 1994) No. 640/15 of shares of H 1/64 on March 6, 203, and the Plaintiff’s transfer registration of shares of 15/194 on March 6, 203 (the inheritance on September 20, 202), Plaintiff J 14/15 of shares of 194 on March 14, 197 (the inheritance on May 14, 199).

2. Determination on the cause of the claim

A. The Plaintiff’s assertion by the parties is that the Defendant leased the instant land to M without the consent of the Plaintiff, a co-owner, from January 2007 to May 201, and KRW 73.3 million.