logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.01.10 2015가단26150
부당이득금반환
Text

1. The Defendant’s KRW 21,264,133 as well as the Plaintiff’s KRW 5% per annum from November 12, 2016 to January 10, 2017.

Reasons

1. Basic facts

A. The registration of transfer of ownership was completed in the name of B, C, and D on April 3, 2001 due to the sale on March 20, 2001, among each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) and each of the buildings listed in the separate sheet No. 2 (hereinafter “each of the instant buildings”) listed in the separate sheet No. 1 and the respective buildings listed in the separate sheet No. 2 (hereinafter “each of the instant buildings”).

B. B is the mother of D, and C and D are married couple, and D died on July 18, 2006, and on November 15, 2006, as to 2/15 shares of D 1/3 shares of each of the above lands and buildings, the inheritance registration was completed in B in the future, and C began to occupy and use each of the above lands and buildings independently from around that time.

C. B completed the registration of ownership transfer in the name of the Plaintiff on January 4, 2007 with respect to the share of 7/15 of each of the above lands and buildings.

On the other hand, upon the death of C on March 15, 2014, the Defendant born between C and B on March 31, 2014, completed the registration of share ownership transfer on March 31, 2014 with respect to the 8/15 shares of C-8/15 shares of each of the above land and buildings on March 31, 2014, and F completed the registration of share ownership transfer on September 30, 2014 on September 21, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and 6 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion B purchased each of the instant lands on around 2001 in order to build a temple called “H”, and purchased Buddhist, fire extinguishing, defluent, and defluent and fluent teas, etc. At the time D was living together with C, the Plaintiff completed the registration of transfer of ownership in B, D, and C with respect to each of the instant lands and buildings.

D and C reported their marriage around 2004, and D died of traffic accident on July 18, 2006, and 1/3 of D Shares 1/3 of the above land and buildings due to inheritance.

arrow