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(영문) 인천지방법원부천지원 2016.02.16 2014가단42600

부당이득금반환

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On December 16, 1970, Nonparty F and G completed registration of preservation of ownership with respect to each of 1/2 shares of H 31052 square meters of forests and fields (hereinafter “instant real estate”).

On January 20, 2003, Nonparty I completed the registration of ownership transfer on January 17, 2003 with respect to the above F’s share.

Accordingly, on July 10, 201, G and I prepared a sales contract that sells the instant real estate to KRW 1,200,000,000 between the owner of the instant real estate, and on July 12, 201, G remitted KRW 150,000,000, out of the sales price, to I on July 12, 201.

G on December 27, 2011, G and I re-established a sales contract with a buyer J on December 27, 201, and completed the registration of transfer of ownership in the name of J on February 10, 2012.

J deposited 300,000,000 won out of the purchase price to I on February 10, 2012.

I died on November 20, 2012 when the investigation was in progress due to the above trading.

(2) On July 18, 2013, G was convicted of the facts constituting an embezzlement of the instant real estate equivalent to KRW 1.2 billion at the market price by completing the registration of ownership transfer to J as stated above (hereinafter “instant criminal facts”), and the said judgment became final and conclusive on July 26, 2013 on the following grounds: (a) G was convicted of the facts constituting an embezzlement of the instant real estate equivalent to KRW 1.2 billion by completing the registration of ownership transfer to the J, while keeping the instant real estate as the Defendant’s clan branch.

(hereinafter “Related criminal judgment”). The Defendants are the inheritors of the Deceased.

[Grounds for recognition] The plaintiff's assertion of facts without dispute, Gap 4 through 7, 16 evidence, Eul 1 and 2 evidence (including the number of branch numbers; hereinafter the same shall apply), the facts shown in this court, the whole purport of the pleading, the defense for safety of the whole pleadings, and the judgment as to the legitimacy of the lawsuit of this case is the unique meaning of the plaintiff's clan of the 15 years old descendants of L6 M, which is the first group of N, the plaintiff maintained the emergency countermeasures conference around February 5, 2012, while maintaining the O's general meeting on October 5, 2013.