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(영문) 서울중앙지방법원 2018.04.05 2017가합577803
부당이득금반환 청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are siblings, and D are the father of the Plaintiff and the Defendants.

B. D around December 2002, purchased H buildings and their surrounding land in Ma, F, and G in luminous, and from around 2004, the construction of H buildings was carried out.

C. On December 20, 2002, the Defendants completed the registration of transfer of each share ownership on the ground of sale on November 4, 2002, 24/40 and Defendant C’s share was 16/40,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

The Plaintiff completed the registration of transfer of ownership as to the land of 13 square meters in K (hereinafter “instant land”) in light-si, Ma road 3 square meters (hereinafter “instant land”), Mbub 209 square meters (hereinafter “instant 3 land”), Nbub 8 square meters (hereinafter “instant 4”), and O large 36 square meters (hereinafter “instant 5 square meters”) from April 8, 2003 to July 15, 2005, respectively.

E. On April 11, 2005, the Plaintiff completed the registration of transfer of ownership on the ground of sale on the same date, among the Defendant C’s share in the instant H building, on April 11, 2005, where the instant building owned by the Plaintiff and the instant land Nos. 3, 4, 55, and 69 square meters owned by the Defendants, I large 4 square meters, F large 52 square meters, G large 52 square meters, and G large 522 square meters were incorporated as a site for the instant H building (hereinafter “instant H building”).

F. The instant H building was converted from a general building to an aggregate building due to the expansion or remodeling construction, and the registration of an aggregate building was completed on July 27, 2005 with respect to each partitioned building.

G. At present, the Plaintiff and the Defendants share each partitioned building of the H building of this case in their respective shares of Plaintiff 0.8/40, Defendant B24/40, and Defendant C15.2/40.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 and 2.

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