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(영문) 수원지방법원 2015.11.26 2013나52124
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant (Appointed Party) and Appointed D respectively are KRW 78,544,945 and KRW 78,545.

Reasons

1. Basic facts

A. The relationship between the parties is 1) the network E (hereinafter “the network”).

(2) On March 17, 1985, the deceased died on April 19, 201, and the deceased died on April 19, 2014, where litigation of this case is pending. The deceased died on March 17, 1985, as well as on April 19, 2014.

B. 1) The Deceased completed the registration of ownership transfer on October 16, 1968 on the instant real estate. 2) On February 29, 1984, the Defendant and the Appointed completed the registration of ownership transfer on each one-half of the instant real estate from the Deceased on February 29, 1984. The provisional registration of the right to claim ownership transfer on June 7, 1985 and the provisional registration of the right to claim ownership transfer on November 20, 1986, respectively.

3) However, on June 13, 2011, each of the above co-ownership shares of the Defendant and Appointor I was corrected to 4/29 shares on the ground of the final judgment rendered by Seoul Central District Court 86Gahap6306, and provisional registration and principal registration in the name of K was also corrected to 4/29 shares, respectively. 4) In addition, on June 13, 2011, the remaining 21/29 shares in the deceased’s name [1-(4/29 x 29 x 17) among the real estate in this case, the deceased’s co-ownership was changed to 4/29 shares on the ground of the above inheritance register, but on the ground of the deceased’s death on the deceased’s inheritance network and on the deceased’s death on the 1981st day, the deceased’s death on the 1985-13th day of the deceased’s inheritance network and on the 1985th day of the deceased.

Upon completion of the registration of transfer of a co-owned share due to the cause of subparagraph 2, the ratio of shares shall be as specified in the list of co-owners in the attached Form.

(In particular, the Plaintiff’s share is 6/29, and the net C’s share is 4/29). 5 Defendant and Selection are the share of the above co-owners on the instant real estate at the Seoul Central District Court 2012s money51420 against K, net C, L, M, N, andO.

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