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(영문) 부산지방법원 2016.02.04 2015가단23969
부당이득금
Text

1. For the plaintiffs:

A. Defendant E is each Defendant E with respect to the buildings indicated in the separate sheet from March 5, 2015, respectively, and from March 5, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff A and the Defendants are legally married couple (Death around December 15, 1996) and H (Death around October 24, 2012), and the rest of the Plaintiffs are Plaintiff A’s children.

B. The registration of ownership transfer was completed in G on July 8, 1971 with respect to the land of 142 square meters (hereinafter “instant land”), and the Plaintiffs’ future registration of ownership transfer was completed on February 16, 1995 on the ground of donation around July 8, 1971.

(1/4 shares). (c)

With respect to the instant building constructed on the instant land, the registration of ownership preservation (one-half stake each), around January 28, 1985, including G and H, and around March 7, 1997, for the portion of G due to legacy, the registration of ownership transfer in the Plaintiff A, around October 6, 2009, for 1/2 out of H’s share due to legacy, the registration of ownership transfer in the Defendant E, and for 1/2 out of H’s share due to the sale around October 6, 2009, the registration of ownership transfer was completed in the Defendant F, respectively.

Plaintiff

A filed a lawsuit against Defendant E with the Busan District Court 2012Gada83257, which sought the return of legal reserve equivalent to KRW 50 million, but the following adjustment was made between Defendant F, Plaintiff B, C, and J (Defendant E’s wife), including Plaintiff A, and Defendant F, Plaintiff B, and Defendant E (Defendant E’s wife) in the conciliation process conducted on February 11, 2014.

(hereinafter “instant conciliation”). Plaintiff A waives the instant claim against Defendant E.

Accordingly, the legal disputes arising from inheritance between the above plaintiffs, the defendant, and the conciliation intervenors have been settled in entirety, and all the above plaintiffs, the defendant, and the conciliation intervenors have not filed any additional civil lawsuit against the other party under any pretext later.

E. The amount equivalent to the rent between October 5, 2009 and March 4, 2015 relating to the instant site is KRW 149,649,00, monthly rent is KRW 2,396,00, and monthly rent is KRW 2,396,00 from October 5, 2014 to March 4, 2015, and monthly rent is also KRW 2,396,00 after March 5, 2015.

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