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(영문) 부산지방법원 2019.05.28 2018가단310978

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs and the defendants are simplified, and Eul, the mother of the plaintiffs and the defendants, completed the registration of transfer of ownership on October 10, 1974, on the ground of sale on August 29, 1974, with respect to G 1,359 square meters in Busan-gun, Busan-gun (hereinafter "Furi-gun").

B. The Defendants completed the registration of ownership transfer on May 27, 2014 due to the gift on May 20, 2014 with respect to each share of 472/1359, out of G 1,359 square meters.

C. Since May 21, 2015, G land was subdivided into three lots of land: (a) G 415 square meters; (b) H 744 square meters; and (c) I 200 square meters of land; and (b) ownership transfer registration was completed in turn on the partitioned land as follows.

① The registration of ownership transfer was completed to E on May 28, 2015 as to each of the Defendants’ shares 472/1359, due to the partition of co-owned property on May 27, 2015, and on August 21, 2015, the registration of ownership transfer was completed to J on September 14, 2015 as to the whole of the said real property.

② On May 27, 2015, as to E’s share 415/1359 due to the partition of co-owned property on May 27, 2015, the ownership transfer registration was completed against the Defendants on May 28, 2015. As to the entire real property, the ownership transfer registration was completed to K on July 28, 2017 due to the sale on June 8, 2017.

③ On May 28, 2015, as to E’s share 415/1359 due to the partition of co-owned property on May 27, 2015, the ownership transfer registration was completed to J on September 14, 2015 as to the entire real property as the reason for the sale on August 21, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2-1, 2-3 and the purport of the whole pleadings

2. Determination

A. (1) A around February 1998, each of the shares of G land was donated to the Plaintiffs and the Defendants. The Defendants completed the registration of ownership transfer on May 27, 2014 with respect to the shares exceeding the above shares.

The gift with respect to each of the 132/1359 shares exceeding 1/4 shares against the Defendants.