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(영문) 서울중앙지방법원 2017.01.09 2016가합3916
부당이득금반환
Text

1. As to each of the plaintiffs' KRW 240,119,556 and each of the above KRW 100,50,000 among them, the defendant shall start from April 8, 2016, and each of the above KRW 139.

Reasons

1. Facts of recognition;

A. 1) D (1) A (1) A (1) was the party’s status with his spouse E (1935 birth), and 4 South Korea, including the Defendant (1953 birth), Nonparty F (1956 birth), Plaintiff B (1958 birth), Plaintiff A (1961 birth), and Plaintiff A (1961 birth), respectively. (2) The Plaintiffs, the Defendant, and Nonparty F’s early January 1979, and the attached D (hereinafter “M”) died on or around December 1994, and the mother E (hereinafter “mother”) died on or around January 2015.

B. The part of the instant land is divided and co-ownership 1) The land of the instant case is divided and co-ownership 536 square meters in Gangseo-si, Gangnam-si (hereinafter “instant land”).

(2) On December 21, 1978, the Plaintiff, Defendant, and Nonparty F shared 1/4 shares of each of the instant land. The grounds for the division and sharing of the instant land are as follows. 2) Chobu G owned 1,031m2 (hereinafter “H land before the division”). However, on December 21, 1978, 41/312 shares of each of the H land before the division was completed to the Plaintiffs, Defendant, and Nonparty F, who were the grandchildren, and Nonparty F, due to each gift.

3) On January 30, 1979, as Chobu G died, the remaining 148 shares in the H’s land before the division were inherited to the Attachment D, and on May 9, 1979, the registration of ownership transfer was completed on inheritance. 4) The plaintiffs, the defendant, and the non-party F, the co-owners of D shares out of H’s land before the division on May 30, 1980 (1,031 square meters x 148/312 x 490 square meters x 148/312 x 489.641 square meters) were divided into one and the remaining H large 541 square meters were jointly owned by the plaintiffs, the non-party F, and the non-party F, and the co-owners were completed the registration of partition of co-owned property.

Accordingly, the 1,031 square meters in the H land before the division was divided into H large 541 square meters and I large 490 square meters after the division.

5 Around December 1994, the Defendant was to receive a single inheritance of 490 square meters from Gangnam-si I to 490 square meters through an inheritance division agreement, and on the above land on January 16, 1997.

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