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(영문) 부산지방법원동부지원 2014.12.12 2014가합100404
부당이득금
Text

1. The defendant is against the plaintiffs:

(a) 5% per annum from April 1, 2014 to December 12, 2014 for each of 7,118,548 won and for each of them;

Reasons

1. Basic facts

A. On May 16, 2009, the status network E (hereinafter “the deceased”) was married with the deceased and divorced from the deceased, resulting in the Plaintiffs, the Defendant, and H as the children between the deceased G by marriage with the deceased G, and died on May 16, 2009. The Plaintiffs and the Defendant are co-inheritors of the deceased.

B. The deceased, such as inheritance and inheritance by representation, resulted in the network I (the deceased on August 8, 1998) between the deceased and the KF. The deceased and K, L, M, N, andO were married to the J. The deceased reported the renunciation of inheritance on June 22, 2009 by H, the plaintiffs, other than the deceased I, the defendant, and the J, K, L, M, N, andO who inherited the deceased I on behalf of the deceased.

C. (1) On December 15, 1987, the deceased (1) donated the real estate listed in the separate sheet Nos. 1 through 5, 7, and (8) on December 15, 1987, the P, Q, and R R orchard on February 15, 1994, and the land transfer registration was completed in the name of the defendant on April 10, 1995 on the ground of the above donation, respectively. However, the total market price of each real estate listed in the separate sheet Nos. 1 through 5, 7, and 8 was KRW 1,476,616,641, and the defendant currently held shares in the real estate listed in the separate sheet No. 8.

(2) On July 31, 2009, the plaintiffs filed a lawsuit against the defendant claiming the return of legal reserve under Busan District Court 2009Gahap3417 (hereinafter "the lawsuit of legal reserve of inheritance of this case") by asserting that the deceased's donation was infringed upon by the plaintiff's legal reserve of inheritance as above, the defendant shall complete the registration procedure for transfer of ownership due to the return of legal reserve of inheritance of each of the real estate listed in the separate sheet 1 and 2, and it is impossible to return original property as to each of the real estate listed in the separate sheet 3 through 5, 7, and 8 as of July 27, 2012, each of the value as of July 27, 2012, as of the closing date of the lawsuit of legal reserve of this case.

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