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(영문) 전주지방법원 2021.01.14 2020나6521
부당이득금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. C and the defendant are siblingsed by the network D, and they are in a relationship with the network E (the deceased's relative, the deceased's relative on September 2, 2018). The plaintiff is a child of C, and the defendant was a child of C on December 27, 1968 and entered into the family register as the adopted family register D on December 27, 196.

The deceased on December 19, 1985, and the deceased on December 19, 1985, the wife F of the defendant, the deceased and his heir, the deceased, and the deceased on March 17, 1986, and the deceased on March 17, 1986, was inherited by the deceased E and the defendant.

B. The deceased owned each real estate listed in the separate sheet at the time of the death. Of the respective real estate listed in the separate sheet due to the deceased D’s death, the Defendant, among the real estate listed in the separate sheet, as to 54/65 shares, the network E completed the registration of the transfer of shares due to the inheritance of the deceased on December 19, 1985 on February 3, 2015 through February 6, 2015 (the registration of the transfer of shares to the deceased F due to the death of F three months after the death of the deceased, and the registration of the transfer of shares to the deceased E in the name of the Defendant and the deceased on February 6, 2015).

The network E filed a lawsuit against the Defendant to implement the transfer registration procedure on the inherited portion of each real estate listed in the separate sheet, on the ground that the Defendant agreed to transfer the above shares to the network E in return for payment of KRW 20 million for each real estate listed in the separate sheet, which received 54/65 of the 65 shares from the network D.

However, the Plaintiff’s claim was entirely dismissed on the ground that it is difficult to acknowledge that the agreement alleged by the network E was concluded (former District Court Decision 2015 Ghana 337), and the network E filed an appeal and final appeal but all was dismissed (former District Court Decision 2015Na 9670, Supreme Court Decision 2016Da267142, hereinafter “former Decision”).

The defendant shall list against the deceased E, on the ground that he himself is the deceased's heir as the adopted person of Australia, which corresponds to gold, forest, and grave discussions among the shares in each real estate listed in the separate sheet inherited by the deceased E from the deceased D.

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