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(영문) 서울중앙지방법원 2015.10.12 2015가합510752
부당이득금반환
Text

1. The Defendant: (a) KRW 459,064,938 for each of the Plaintiff A and B; and (b) KRW 304,156,652 for each of the Plaintiff C; and (c) from March 17, 2015 for each of them.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A is the wife of F, who is the husband of E, and Plaintiff B is F’s children, Plaintiff C is the F’s children, and Defendant is the F’s children. The Defendant is the children of Samnam G, E’s children, including the Plaintiffs and the Defendant, and the family relationship related to the inheritance in this case are as follows.

E H (C) I (F) Plaintiff A (F) G (C) G (C) G (C) G (C) G (W) G (W) L L (F) Plaintiff B (F) M (F) M (F), Plaintiff C (F) Defendant D (G’s children)

B. The heir’s land inheritance relation E died on September 21, 1964, and the heir’s land inheritance 95,593 square meters of N-si N-si (hereinafter “instant land before the instant partition”) owned by the E was succeeded to 3/11, 3/11, 2/11, 2/11, 3/11, 2/11, 3/11, 2/11, 3/11, 3/11, and 7/11, 3/11, respectively to the head of Yong-Nam.

Article 1009 (Legal Portions of Inheritance) (1) of the former Civil Act (amended by Act No. 1668 of Dec. 31, 1964) (amended by Act No. 1668 of Dec. 31, 1964)

However, where the heir of property succeeds to family at the same time, the share of inheritance shall be added to 50 percent of the inherent share of inheritance, and the share of female shall be 1/2 of the share of inheritance of male.

(2) The share of an inheritance for a female not in the same family register shall be one fourth of the share of inheritance for a male.

(3) The inheritance portion of the wife of an inheritee shall be one half of that of male when it is inherited jointly with lineal descendants, and that of male when it is inherited jointly with a lineal ascendant, it shall be the same as that of male.

C. I’s ownership transfer registration and I’s inherited property dispute 1) on June 22, 1995, on the ground that sale and purchase under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, etc. under the former Act on Special Measures for the Registration, etc. of Ownership, etc., I completed the registration of ownership transfer under the name of Suwon District Court Law No. 43267 of Jun. 22, 1995, G entered into a lawsuit against I on the ground that the said registration of ownership transfer was made against I without any legal ground.

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