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(영문) 서울남부지방법원 2020.07.16 2020가합101691
부당이득금
Text

1. The defendant,

A. 178,691,765 won to Plaintiff A and 12% per annum from January 21, 2020 to the date of complete payment.

Reasons

1. Basic facts

A. The Party’s relevant net E (Death at around 1970) had the net F (Monnam, Death on July 25, 1994), the Plaintiff A (Monnam), the Defendant (Monnam), and the Plaintiff B (Monnam) as his child.

The net F puts Plaintiff C as his child between G and his spouse.

B. The net E is a land inheritance and construction of a new building (hereinafter “H land”) with a size of 2219 square meters for H forest land in Gyeonggi-gun Kimpo-gun (hereinafter “Y land”).

(2) If the deceased on July 25, 1994, G, the spouse of H land, completed the registration of ownership transfer on December 30, 1994 due to the inheritance by agreement division.

3) On November 1, 2001, the Plaintiff A and the Defendant completed the transfer registration of shares on H land one-half each due to the sale and purchase. On November 29, 2001, the above land is the land listed in the attached Table 1 through 3 (hereinafter “instant land”).

(4) The Defendant newly constructed a building indicated in the attached Table 4 (hereinafter “instant building”) on part of the land No. 1 of this case, on March 15, 2002, and completed the registration of ownership preservation in its name on March 15, 2002.

5) Meanwhile, on July 7, 2011, the Plaintiff A and the Defendant omitted 16.5/90 of their respective shares in the instant land No. 2, respectively, from Company I (hereinafter “Stock Company”).

(C) On August 201, 201, the Plaintiffs and the Defendant confirmed the shares in the land, as follows (hereinafter “instant agreement”). The following agreements are concluded on December 25, 2013 (hereinafter “instant agreement”).

(A) The agreement (for the convenience of evidence A 2, the plaintiff A, the defendant, the defendant, and the defendant, the Byung were referred to the plaintiff B, and the plaintiff C.

Indication of Real Estate: Matters stipulated in the land agreement of this case No. 1 through 3

1. Although the above real estate is under the name of the plaintiff A and the defendant for convenience, the plaintiff B and C also have the same shares, and the shares of the plaintiff A, the defendant, the plaintiff B and C are the same shares.

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