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(영문) 대전지방법원 2019.09.25 2018가단220854
부당이득 반환 청구
Text

1. The defendant,

A. Plaintiff A, B, D, and E respectively, KRW 9,34,90 for each of them, and KRW 4,263,960 for each of them and each of them on February 25, 2019.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and the H were siblings, and the Plaintiff and the Defendant’s father I (hereinafter “the deceased”) owned G G 320.7 square meters (hereinafter “instant site”) in Daejeon Jung-gu, Daejeon, and died on October 5, 2003.

B. On May 16, 1997, the Deceased drafted a testamentary document to testamentary gifts of the instant site by J Law Firm No. 2228, J-Law Firm No. 1997, and the Defendant completed the registration of ownership transfer as to the instant site by means of testamentary gift on October 5, 2003, Daejeon District Court Daejeon District Court No. 78786, Oct. 21, 2003.

C. On May 12, 2010, the Plaintiffs filed a lawsuit against the Defendant for the registration of ownership transfer on the ground of forced inheritance return with the Daejeon District Court 2010Da2279, Daejeon District Court (Seoul District Court 201Na15467) and filed a lawsuit for the registration of ownership transfer on June 16, 2015 (Seoul District Court 201Da7594) with the appellate court (Seoul District Court 2012Da7594) and the appellate court (Seoul District Court 2015Na821) rendered a judgment that the Defendant filed a lawsuit for the registration of ownership transfer against the Plaintiff of the instant land with respect to 8,031,689/287,98,600 shares among the instant land, and the remaining Plaintiffs were ordered to file for the registration of ownership transfer on the ground of forced inheritance return on May 18, 2010 (hereinafter “the registration of ownership transfer”). The Plaintiffs completed the registration of ownership transfer against the Defendant’s respective claim.

The Plaintiffs, on March 8, 2016, purchase 1/5 of their respective shares from K, her mother, respectively, and the same year.

3. 25. The registration of ownership transfer shall be completed by reason of the above sale.

Accordingly, the plaintiffs have held shares in the site of this case as shown in the separate list.

E. On the other hand, the defendant around March 2001, on the instant land, a house with two cement brick structure sloping roof, a store and a store, a house with one story and a store with one story, a 156.05 square meter and a second floor.

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