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(영문) 서울서부지방법원 2013.11.22 2013가단13453

상속회복

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on April 15, 2003, and his heir had H and I, who are the Plaintiffs and the Defendant, and their children.

B. On May 21, 2004, the Defendant completed a share transfer registration from J on March 25, 2004 with respect to one-half share of FY 53,449 square meters (hereinafter “instant land”), and on March 25, 2004, with respect to one-half share of FY 53,449 square meters (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. On October 200, the deceased asserted that he purchased 1/2 shares of the land of this case from J with the defendant and purchased 145 million won of the land of this case. Since the deceased contributed 90 million won of the above purchase price, the deceased had the right to claim the transfer registration of ownership as to 90/145 shares of the land of this case at the time of death, and the plaintiffs, the defendant, H, and I agreed on the division of inherited property by dividing the shares of the defendant and the plaintiffs into 1/5 shares of the deceased's right to claim the transfer registration of ownership as to the deceased's right to claim the transfer registration of ownership as of April 2003 after the deceased died.

Nevertheless, the defendant completed the transfer registration including the deceased's share solely on May 21, 2004. Accordingly, in accordance with the above agreement on the division of inherited property, the defendant is obligated to perform the procedure for the transfer registration of share to the plaintiffs of 9/145 shares (1/2 x 90/145 x 1/5) of the land of this case.

3. We look at the judgment of the plaintiffs, even if based on the plaintiffs' assertion, since the deceased's inherited property is the right to claim for ownership transfer registration regarding shares of 45/145 (1/2 x 90/145) out of the land of this case against J, it seems to be to exercise the right to claim for return of unjust enrichment against the defendant of J in order to preserve the plaintiffs' right to claim for ownership transfer registration against J.

Therefore, first of all, the deceased bears the purchase price equivalent to 90/145 shares in purchasing the instant land from J, and the joint purchaser.