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(영문) 대구지방법원서부지원 2019.01.10 2016가합517
부당이득금
Text

1. Of the instant lawsuit by the Plaintiffs, the use and profit-making of buildings listed in [Attachment 5] No. 5 from December 7, 2018 to December 7, 2018.

Reasons

1. Basic facts

A. The parties’ relevantJ died on August 31, 2013, and caused their bereaved family members to have D, K, and Plaintiff A as their bereaved family members.

Defendant I is the wife of Defendant D, and Plaintiff C is the husband of K, and Plaintiff B is the husband of Plaintiff A.

On the other hand, D died on July 7, 2017, which was after the instant lawsuit was filed, and its children are Defendant E, F, G, and H.

B. Attached Nos. 1 and 1 site (hereinafter “instant site No. 1”) and attached 2 buildings No. 1 on that ground (hereinafter “instant building”) are owned by J, D, and Plaintiff C, on January 15, 1994, completed the registration of ownership transfer for each of 1/3 shares of the instant site No. 1 on December 31, 1996 by J, D, and Plaintiff C, respectively.

3) On September 17, 2013, D completed the registration of transfer of ownership based on legacy on August 31, 2013 with respect to the portion of 1/3 shares by JJ on the instant real estate No. 1 on September 17, 2013. (4) Plaintiff C completed the registration of transfer of ownership based on L and M with respect to the portion of 1/3 shares on the instant real estate No. 1 on April 14, 2015.

C. Attached 2 Nos. 1 through 4 (hereinafter collectively referred to as “instant site No. 2”) and the ownership relationship between the building Nos. 2 and 5 on its ground (hereinafter “instant building No. 2”) among the instant site No. 2 (hereinafter referred to as “instant site No. 2”)

(2) On June 10, 1991, D on June 30, 1990, Plaintiff C completed the registration of ownership transfer with respect to the shares of 3/4, and Plaintiff C’s shares of 1/4.2) On the title No. 2 of the instant site (hereinafter “instant site No. 2-2”) and the title No. 3 of the instant site (hereinafter “instant site No. 2-3”) after June 10, 1991, J owns the shares of 18.2/2823, D and Plaintiff B, respectively, 47.05/282.3 after J’s death. This is limited to a testamentary gift on September 17, 2013.

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