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(영문) 서울고등법원 2016.11.03 2015나2051089
부당이득금 반환 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the revoked part is all revoked.

Reasons

1. Basic facts

A. The Party’s relevant network E died on December 14, 201, and Defendant C and D, the wife of Defendant B and their children, jointly inherited.

On the other hand, the plaintiff is the husband of the deceased (the husband of the deceased's mother AH).

B. Furi Real Estate Sale 1) Plaintiff (the deceased’s agent)

(1) On June 17, 2003, G G 859 square meters, H 295 square meters, and each of the above lands and buildings (hereinafter the above two lands and buildings are referred to as “Friuri Real Estate”).

(2) Eul 2.12 billion won (the contract amount of KRW 200 million shall be paid on the date of the contract, and the security debt of KRW 500 million and the security deposit repayment obligation of KRW 250 million established on Fri real property shall be assumed by the buyer, and the remainder of KRW 1.17 billion shall be paid on June 26, 2003.

) The sale was made (hereinafter referred to as “FG sales contract”).

(2) On June 26, 2003, the registration of ownership transfer was completed in the name of the I on F accounting real estate.

C. 1) The Plaintiff, K (the deceased’s figure), L, P (the Plaintiff’s arches) shall be the 4,960 square meters of the J-ri’s land from M around September 2003 (hereinafter “N land”).

2) As to the part of the lower court’s judgment, the part of the lower court did not err by misapprehending the legal principles as to the part of the lower court’s judgment.

(C) purchase at KRW 600,000,000 (hereinafter referred to as “J”) was made.

The Deceased represented the buyer such as the Plaintiff.

2) On October 8, 2003, the registration of transfer of ownership in the name of the Plaintiff, K, L, and P (1/4 shares) was completed for N land on the same day, and the registration of transfer of ownership in the name of K was completed for O land on the same day.

1) The Deceased, the Plaintiff, the Defendant B, R, and P (the deceased) represented by the other buyers.

(2) On December 9, 2003, the Plaintiff added each of the above land to “ Quin land” and “T” and “T” of 13,844 square meters in U.S. forest, V forest, 1,723 square meters in V forest, and 6,390 square meters in W forest.

(2) the sales contract for Qua was the purchase of the total amount of KRW 96 million (hereinafter referred to as “ Qua sales contract”).

(2) On February 14, 2004, the registration of transfer of ownership of each share in the name of the deceased, the plaintiff, the defendant B, R, and P, respectively, 1/5.

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