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(영문) 수원지방법원 2017.02.14 2016가합76615
부당이득반환 청구의 소
Text

1. For the plaintiffs, Defendant D, each of the 75,985,414 won, Defendant E and F respectively, 50,656,942 won, and each of them on August 6, 2016.

Reasons

The plaintiffs, G, and the network H are children of the network I, Defendant D is the spouse of the network H, and Defendant E and F are children of the network H.

around June 2010, J, which has a private relationship with Plaintiffs, G, and network H, was contacted by a real estate broker to find the owners of 571 square meters and L/C road in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and notified the network H and Plaintiff B of the fact that the said land was owned by the network I.

After that, on October 25, 2010, the Plaintiffs, G, and the network H drafted a written division of inherited property agreement with the purport that “571 square meters of the above K-road and the L road shall belong to a net H.”

On November 16, 2010, the network H completed the registration of ownership transfer on the ground of inheritance by agreement and division with respect to the above K-road 571 square meters, and on April 4, 2014, the above K-road 571 square meters was divided into 291 square meters of K-road (hereinafter “K road”) and 280 square meters of M-road (hereinafter “M road for convenience below M road”) (hereinafter “the instant road” when referring to K and M road for convenience).

On April 15, 2014, N receives 403,00,000 won for M roads, and the registration of ownership transfer based on sale and purchase, and on August 18, 2015, the network H received 483,496,500 won for K roads from Yeongdeungpo-gu Seoul Metropolitan Government on August 18, 2015 and completed the registration of ownership transfer based on consultation on public land.

[founded grounds for recognition] In full view of the following circumstances, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, Eul evidence No. 1, witness J's testimony, fact-finding with the head of Yeongdeungpo-gu Seoul Metropolitan Government Office of this Court's fact-finding, each of the plaintiffs, G, and the evidence Nos. 1 through 4 (including various numbers), witness J, G's testimony, and the whole purport of the oral argument, and the road of this case around Oct. 25, 2010, at the latest, at the time of the preparation of a written division of inherited property agreement.

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