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(영문) 부산지방법원 2015.11.11 2014가단90061
손해배상 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased S (hereinafter “the deceased”) died in around 1961, and Plaintiff G, H, M and Defendant N, network T, network U, and network V are the deceased’s own consciousness.

B. The plaintiff A, B, C, and D are the awareness of the non-party net T, who is the deceased's father, and the plaintiff E and F are the awareness of the non-party net U, who is the deceased's father. The plaintiff I is the wife of the non-party net V, the children of the deceased, the plaintiff J, K, and L are the awareness of the networkV.

C. DefendantO is the husband of Defendant N, and Defendant P, Q and R are the father of Defendant N, and Defendant P, Q and R are the father of Defendant O and N.

The plaintiffs' shares in inheritance to the deceased are as shown in the attached list.

E. Meanwhile, Busan Northern-gu W, 10314 square meters and X 1587 square meters in the name of the deceased, the registration of preservation of ownership of which was made in the name of the deceased, has not yet been made until now.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including paper numbers)

2. The assertion and judgment

A. The five real estate registered in the name of the deceased (hereinafter “instant inherited real estate”) was inherited property between the plaintiffs and the defendant N, but the defendants recently conspired to sell the instant inherited real estate in a recent manner and did not distribute the inherited property to the plaintiffs by inheritance share.

Therefore, the Defendants are liable to return unjust enrichment and compensate for damages against the Plaintiffs, and the Plaintiffs seek payment of the amount stated in the claims by some claims.

B. As seen earlier, the fact that the land of the above two parcels is the common inherited property of the plaintiffs and the defendant N, as seen earlier, the land of the above two parcels is still the registration of preservation of ownership in the name of the deceased, and it is difficult to find out what is the inherited property of the remaining three parcels claimed by the plaintiffs. Thus, the evidence submitted by the plaintiffs and the testimony of the witness Y alone are alleged by the plaintiffs.

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