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(영문) 서울중앙지방법원 2016.02.12 2014가합55807
부당이득금반환
Text

1. The Defendant shall pay to each of the Plaintiffs the amount of KRW 224,594,129 and each of the said amounts from January 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The relevant Plaintiff A between the parties is a woman of the deceased D (the 1930ss, the death of September 13, 2013; hereinafter “the deceased”); the Plaintiff B is the head of the deceased; and the Defendant is a woman of the deceased.

B. The deceased’s act of disposal of real estate owned by the deceased before the deceased’s death is 1) The Daegu Northern-gu E, Daegu-gu, 76.9 square meters and above ground trees and 12 square meters and junbbes and apap 16 square meters (hereinafter “E real estate”).

(2) On March 29, 2013, the registration of transfer of ownership was completed on the ground of sale as of March 11, 2013 in the name of Nonparty F. The Plaintiffs filed a lawsuit against the said F to seek revocation of and restitution to the original state against the saidF on January 21, 2014, and the said lawsuit for revocation of fraudulent act is pending as of the date of closing the argument in the instant case. (2) The Defendant completed the registration of transfer of ownership in its name on the ground of donation on September 12, 2013, the date before the Deceased-gu G-gu Seoul Special Metropolitan City (hereinafter “G real estate”) owned by the Deceased, 395.7 square meters (hereinafter “the deceased”).

After that, on January 21, 2014, the Plaintiffs filed a lawsuit against the Defendant seeking the cancellation of the ownership transfer registration of G real estate and the return of KRW 50,000,00, which is a part of the deceased’s deposits, respectively. On April 23, 2014, the above court rendered a judgment that “the Defendant shall take the procedure for the cancellation registration of ownership transfer registration with respect to the shares of the said real estate to the Plaintiffs, and shall pay for each of the KRW 50,000,000 and delay damages therefrom,” and the above judgment became final and conclusive on November 7, 2014 by the Plaintiffs’ withdrawal of appeal.

3) On April 29, 2014, the Defendant deposited KRW 50,000,000 as well as damages for delay on April 29, 2014, each of the Plaintiffs. (c) The Deceased’s death and inheritance commencement 1) The Deceased was diagnosed with dementia around April 2004, and thereafter his language function and recognition ability are deteriorated.

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