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(영문) 부산지방법원 2017.05.31 2017가합684
부당이득금반환등
Text

1. The intermediate confirmation lawsuit in the instant lawsuit shall be dismissed.

2. All remaining claims of the Plaintiff are dismissed.

3...

Reasons

1. Basic facts

A. The plaintiff is E's children, and the defendants are E's children.

B. A testamentary deed (hereinafter “notarial deed of this case”) was drawn up by a notary public on July 22, 2005, with the content that “E will testamentary 73/140 square meters out of the building of this case (hereinafter “the building of this case”) and the building on its ground (hereinafter “the building of this case”) and 140 square meters (hereinafter “the building of this case”) in Busan-gu, Busan-gu, Busan-do, and the G-gu, Busan-gu, 200 square meters (hereinafter “the building of this case”).

C. E died on March 4, 2007. The Defendants completed the registration of Busan District Court on May 2, 2007 and the registration of 28028 with respect to one-third share of each of the instant land and the instant building as to one-third share of each of the instant land No. 1 and the instant building, as to each of the instant land No. 2, as the registration and receipt No. 28029, with respect to each of the instant land No. 73/420 shares on March 4, 2007 (hereinafter “instant transfer registration”).

The instant land was divided into 73 square meters on August 22, 2014 due to the division of jointly-owned property and divided into 73 square meters. The Defendants completed the registration of ownership transfer for each 67/420 share of 73 square meters remaining after the said division, and became a 1/3 share holder of the said land after the said division.

After that, the land was combined with the land No. 1 in the instant case around September 18, 2014, and the land No. 1 in the instant case became a F. 302 square meters (hereinafter “instant land”).

E. The Defendants, with respect to the instant land and buildings to H and I on May 16, 2016, as to the same year.

4. 29. The procedure for the registration of ownership transfer was completed on the grounds of sale.

F. Meanwhile, on May 15, 2015, the Defendants filed a lawsuit against the Plaintiff seeking the delivery of the instant building by Busan District Court Decision 2014Kadan94704 and received a favorable judgment from the above court (hereinafter “prior judgment”). As to this, the Plaintiff filed an appeal and a final appeal, but the appeal and final appeal were filed.

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