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(영문) 서울중앙지방법원 2019.03.29 2017가단5226295

부당이득금

Text

1. The defendant

A. The plaintiff Gap 19,409,080 won, the plaintiff Eul 4,095,220 won, the plaintiff C and the United States of America respectively 8,190.

Reasons

Facts of recognition

The Yeongdeungpo-gu Seoul Metropolitan Government relation to the division and ownership of land was divided into the land of 126 square meters (the real estate No. 1 indicated in the attached Table 1 list; hereinafter “instant land”) from the L before the original subdivision, and the land of Yeongdeungpo-gu Seoul Metropolitan Government M& 347 square meters (hereinafter “instant land”) was divided from the N before the original subdivision. The land of this case No. 1 and No. 2 was divided from the N before the original subdivision.

The land of this case was originally owned by theO, and the O died on April 29, 1971, and thereafter P, O’s father, died on May 7, 199, and Qu, O’s son, died on February 27, 2002. As of the date of closing argument of this case, the Plaintiffs, who were O’s children or grandchildren, were co-owners of each of the land of this case.

Plaintiff

A 18/36 B 3/36 C 6/36 D 3/180 F GH 3/180 of shares of the instant land ownership due to the inheritance above I are as shown in attached Form 2 “the inheritance relationship with respect to the instant land 1.”

Ultimately, each of the plaintiffs' shares in the land No. 1 of this case is as listed below.

On the other hand, as to the land No. 2 of this case on October 22, 1987, the registration of ownership transfer was completed on April 29, 197 with respect to the land No. 2 of this case on the land No. 199/347 among the land No. 2 of this case on January 9, 1988. The registration of ownership transfer was completed on December 30, 1987 for the land No. 2 of this case on the land No. 2 of this case on December 30, 1987.

After that, the details of changes in ownership shares of P and Q in the remaining 148/347 shares in the land No. 2 of this case due to the death and inheritance of P and Q are as shown in the attached Table 3.

Ultimately, each of the plaintiffs' shares in the second land of this case is as listed below.

Plaintiff

A 1776/1041 (=12/30 x 148/347) B 444/10410 (=30 x 148/347) C each 888/10410 (=6/30 x 148/347) D E 44.