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(영문) 서울고등법원 2017.07.20 2016나2074324

부당이득금

Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of appeal and those of this court.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are married children of H who died on April 7, 2001 (hereinafter “the deceased”). I are the deceased’s children, and J are the wife of the deceased.

B. The registration of ownership transfer in the name of the Plaintiff was completed on June 5, 200 with respect to 1/2 shares of the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by the Deceased on September 15, 200, and the registration of ownership transfer in the name of I was completed on September 15, 2005 for the remaining 1/2 shares due to consultation and division.

C. On November 7, 2007, the Defendants and J filed a lawsuit seeking the implementation of the procedure for cancellation registration of the remaining shares except for I’s inheritance shares, by asserting that I forged the agreement for division, and completed the registration of ownership transfer in its name with respect to the remaining 1/2 shares of the instant real estate as above, even though the Seoul Western District Court 2007Gahap11507, which was the Seoul Western District Court 2007, did not reach an inheritance division agreement among co-inheritors. On February 26, 2008, while the lawsuit was pending, the Defendants were the Plaintiff of the said lawsuit and the J’s attorney and the Defendants were sentenced to a full favorable judgment on January 222, 2009, but I appealed appealed as Seoul High Court 2009Na21951, but became final and conclusive on July 9, 2009.

On March 19, 2012, the Plaintiff and the Defendants filed a lawsuit seeking cancellation, etc. of the ownership transfer registration for the remainder of 1/2 shares of the instant real estate with respect to I et al., Seoul Western District Court 2012Gahap3135, and received a judgment of winning the entire judgment on May 2, 2013, and the said judgment became final and conclusive.

Accordingly, the plaintiff, the defendants, and I owned 1/16 shares in the real estate of this case, respectively, and the registration for the correction of ownership was completed.

(hereinafter referred to as the “registration of shares 1/16” of the Plaintiff’s name is disputed.