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(영문) 청주지방법원 충주지원 2018.04.04 2016가단24744
부당이득금
Text

1. The Defendant’s completion date of occupation of each real estate listed in the separate sheet from January 4, 2017 to the Plaintiff, or the Plaintiff’s above.

Reasons

1. Facts of recognition;

A. The registration of the transfer of H’s shares was completed on March 13, 2008 due to the inheritance by consultation and division on November 18, 2007, on the following grounds: (a) the real estate listed in the Attachment 2 List 1 through 11 (O real estate listed in the Attached List 2 “O real estate of this case”); (b) the registration of the transfer of H’s shares was completed in the Plaintiff’s future on March 13, 2008.

B. The instant real estate 12, 14 completed the registration of initial ownership in F future. The registration of ownership transfer was completed on October 1, 1972 by 1/6 shares in E, F, B, G, and H on the ground of sale and purchase on October 11, 1970. The registration of ownership transfer was completed on March 13, 2008 on the ground of inheritance by consultation and division on November 18, 2007, and the registration of ownership transfer was completed on December 27, 2012 on the part of F on the ground of sale and purchase on December 24, 2012.

The Plaintiff’s share in the instant real estate 14 was transferred to I on January 28, 2016 due to a compulsory auction on January 19, 2016.

C. The registration of ownership preservation of the real estate of this case 13 was completed in the future of the defendant, and the registration of ownership transfer was completed on November 1, 1980 due to the sale on October 10, 1972 by E, F, B, G, and H 1/6 shares. On November 18, 207, the registration of ownership transfer for H shares was completed on March 13, 2008 due to the inheritance by consultation and division.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion is a 1/6 share holder of the instant real estate or 13 real estate, and was a 1/6 share holder of the instant real estate by January 27, 2016.

Despite the fact that the Defendant is a 1/6 share holder of each of the instant real estate, all of the instant real estate and 375 square meters among the instant real estate and 14,300 square meters among the instant real estate, and 14,300 square meters among the instant real estate.

Therefore, the plaintiff is based on the possession and use of each of the above real estate against the defendant.

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