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(영문) 창원지방법원통영지원 2017.10.17 2016가단21079
부당이득금
Text

1. The Defendant: 11,068,290 won to Plaintiff A; 4,743,552 won to Plaintiff B; 3,162,368 won to Plaintiff C; and 3,162.3,162.

Reasons

1. Basic facts

A. At the time of the deceased J’s inheritance relation, K 1,122 square meters (hereinafter “instant land”), L 68 square meters (hereinafter “instant two land”), M 706 square meters (hereinafter “instant three land”), N 31 square meters (hereinafter “instant four land”), N 39 square meters (hereinafter “instant 4”), Go-gun, J Gyeong-gun, Gyeongnam-gun, and Ma 694 square meters (hereinafter “instant five land”) were owned by the deceased J.

(B) The Plaintiff, A, E, F, and Q (Death July 23, 2008) died first of Q, and the Plaintiff C, and D, who were their wife, died of Q more than Q than Q, respectively. The Plaintiff C, and D, who were their wife, died of Q. The Plaintiff C, and D, who were their wife, died of Q.

In addition, the plaintiff H is the child of R (the death of January 19, 1959), and U and the defendant are the children of RP.

Specific shares of the plaintiffs shall be as shown in the attached Form.

B. As to the registration of each of the instant lands, the registration of ownership transfer was completed under U’s name pursuant to the former Act on Special Measures for the Transfer of Ownership, etc. (Act No. 7500; hereinafter “Special Measures Act”), as to the instant land and the instant land No. 1, 2, and the instant land No. 3 and 4, Nancheon-si 737 square meters of land which was the mother’s land prior to the subdivision of the instant land No. 3 and 4, on June 25, 2007, the registration of ownership transfer was completed under the name of Changwon District Court (No. 7500; hereinafter “Special Measures Act”). As to the instant land No. 5, the registration of ownership transfer was completed on July 1, 1968) under title No. 597 under the Act on Special Measures (No. 597, Jan. 8, 2008).

특별조치법에 의한 위 각 등기는 U이 망부(亡父) P으로부터 이 사건 각 토지를 증여받았다는 취지의 보증서에 터 잡아 이루어졌다.

With respect to the land of this case 1, 2 and the land of this case 3, and 4 which were the 737 square meters of the n field N, Seocheon-si, Changcheon-si, the Changwon District Court had completed each registration of transfer of ownership in the name of the defendant on the ground of the donation made on March 2, 2009 from No. 4060 on March 2, 2009, and on the land of this case 5.

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