logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.05.15 2016가단536851
부당이득금
Text

1. The Defendants jointly and severally own the Plaintiff from October 2, 2017 to the Plaintiff among the real estate listed in the separate real estate list.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are those children of the network D (Death on October 1, 2017) and the network E (Death on September 15, 2009).

B. On November 16, 2009, with respect to the housing of 228.7m2 and 3m2 above ground in Suwon-si, Suwon-si, Suwon-si (hereinafter “each of the instant real estate”), each of the instant real estate (hereinafter “each of the instant real estate”).

9. 26. The co-ownership registration (each co-ownership share 1/3) was completed in the name of the above D, Plaintiff A, and Defendant B with the trade as the grounds for registration.

The sales price of each of the instant real estate was KRW 740,000,000. Of them, KRW 212,000,000 was to substitute for the buyer’s succession to the lessor’s status of the lease of part of the instant housing at the time.

On March 3, 2010, Defendant B paid KRW 106,70,000 to the network.

C. On February 24, 2014, the registration of the transfer of D shares to Defendant B and 1/6 shares to Defendant C was completed on February 20, 2014 with respect to D shares as of February 20, 2014 as the grounds for registration.

As a result, the Plaintiff owned the shares of 2/6, the shares of 3/6, and the shares of 1/6 by Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 2, Eul evidence Nos. 1, 2, 3, 4, 5, and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. As the co-ownership right holder of each real estate of this case, the plaintiff seeks an auction division of each real estate of this case.

As a co-ownership holder of each real estate of this case, the Plaintiff, as a co-ownership holder of each real estate of this case, has acquired and used exclusively each real estate of this case and acquired unjust profits therefrom, sought the return of money corresponding to 1/3.

3. Determination as to the demand for partition of the article jointly owned

A. According to the above facts, each of the instant real estate is jointly owned by the Plaintiff and the Defendants, and the method of division between the Plaintiff and the Defendants by the date of closing argument in the instant case.

arrow