logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.05.17 2017가합20726
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. The registration of ownership transfer following inheritance died on March 19, 2005, and the registration of ownership transfer in the name of the Plaintiff, E, F, and G was completed on April 18, 2005 due to the inheritance by agreement on March 19, 2005, with respect to each of the 1/4 shares in the Seoul Special Metropolitan City, Nowon-gu D, 458.9 square meters and its ground buildings (hereinafter “each of the instant real property”).

B. On September 16, 2005, the Plaintiff filed a lawsuit against E, F, and G for partition of co-owned property as to each of the instant real estate under the Seoul Northern District Court Decision 2005Gahap7485, Sept. 16, 2005. 2) H conducted the said lawsuit as the Plaintiff-Appellant, the Plaintiff’s legal representative.

3) On November 21, 2005, the above court rendered a ruling of recommending reconciliation with the purport that "the remaining amount after the purchase price of each of the real estate in this case was sold to auction and the purchase price was deducted from the auction expense shall be distributed at one-fourths in proportion to the plaintiff, E, F, and G," and the above ruling was finalized on December 11, 2005 as it is. On the other hand, on the other hand, on November 26, 2005, on the remaining three-fourths of each of the real estate in this case other than the plaintiff's share, the registration of ownership transfer was completed under the J's name on December 16, 2005 on the ground of trade on November 26, 2005.

C. On February 24, 2006, the decision to commence the auction of real estate in the process of the above reconciliation recommendation was made to K with Seoul Northern District Court on February 24, 2006, and on November 22, 2006, the registration of transfer of ownership in the name of L and M was completed with respect to the share of 4/8 of each of the instant real estate on November 24, 2006 on November 24, 2006.

On December 12, 2006, the claim for reimbursement and provisional seizure 1 E filed a lawsuit against the Plaintiff as the principal, F, and G’s designated parties to the claim for reimbursement under the Seoul Northern District Court Decision 2006Gahap10068, and around that time, the above claim for reimbursement is a preserved right against the Plaintiff’s Republic of Korea.

arrow