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(영문) 인천지방법원 2014.10.29 2013가합17250
부당이득금반환
Text

1. For the plaintiffs:

A. As to Defendant E’s share of 11/13 out of the real estate listed in [Attachment 1] List 1.

Reasons

1. Basic facts

A. The mother of Plaintiff B (1) and Plaintiff C (2), Defendant E (1), Defendant F (2) and Defendant G (3) is the mother, and Defendant D and Defendant G are both husband and wife.

B. The deceased H (hereinafter “the deceased”) owned each of the instant real estate on November 20, 1993, and the registration of ownership transfer was completed in the name of Defendant E, F, and G, the deceased on November 20, 1993, as indicated below.

On November 20, 1984, the real estate No. 1 received as the ground for the registration of real estate No. 1 on November 20, 1984, the previous Jeju District Court, Kim Jong-dong Office, which was received on August 18, 1994, No. 21497, No. 22 on November 20, 1984, the previous Jeju District Court, Kim Jong-dong Office, which was received on August 18, 1994, and No. 3 real estate No. 21499, No. 3 on March 20, 1985, which was received on March 18, 1994, and No. 4, No. 21498, Mar. 5, 1985, which was received on August 18, 1994, and No. 5198, May 198, 195]

(a) Defendant E and F: Article 208(3)2 of the Civil Procedure Act and Article 150(3)(i) of the Civil Procedure Act;

(b) Defendant D or G: Fact that there is no dispute, entries in Gap evidence 1 through 3, and 6 through 8 (including branch numbers for those with serial numbers), and the purport of the whole pleadings;

2. Determination as to the claims against Defendant E and F

A. Although Defendant E and F did not receive or purchase each of the instant real estate from a deceased person, at will, after the deceased person’s death, Defendant E and F completed the registration of transfer of ownership in the name of the first, second, and third real estate. As Defendant F completed the registration of transfer of ownership in the name of the fourth real estate, each of the above registrations of transfer of ownership constitutes the registration of invalidation of cause.

B. Judgment by deeming the confession of judgment (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

C. The Plaintiffs are demanding Defendant E and F to implement the procedure for the registration of cancellation of ownership transfer as to the entire real estate from Nos. 1 to 4.

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