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(영문) 울산지방법원 2015.01.14 2014가합4701
부당이득금
Text

1. The plaintiff (Appointed)'s claim against the defendants is dismissed, respectively.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The parties concerned Plaintiff A are children of the network E, the designated parties D and Defendant B are those of the network E, and Defendant C is the husband of Defendant B.

B. As to the current status of ownership change of the F land in Ulsan-gu, Ulsan-gu, Ulsan-gu, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase by the Plaintiff on June 28, 1977, and on August 10, 2005, the ownership was transferred to Defendant B on August 14, 2006, and thereafter the ownership was transferred to Daesan Industrial Development Co., Ltd. on August 14, 2006.

On the other hand, prior to the transfer of ownership to Defendant B on the above F land, the provisional attachment registration of KRW 12,375,725 on November 18, 2005 was completed on the part of the bankruptcy trustee of the Ulsan District Court (2003Kadan22046), and the provisional attachment registration of KRW 21,329,389 was completed on November 18, 2005 on the part of the bankruptcy trustee of the Ulsan District Court (2003Kadan22016) on November 19, 203 pursuant to the provisional attachment decision of the Ulsan District Court (2003Kadan22016) by the bankruptcy trustee of the Ulsan District Court (203Kadan2016). However, the provisional attachment registration of KRW 21,329,389 was revoked on November 18, 2005.

C. The current status of ownership change in the lots of three lots of G in Ulsan-gu, Ulsan-gu, Seoul-gu, 1: (a) 80 square meters of H road; (b) 55 square meters of I road; and (c) J road 67 square meters of J road (hereinafter “road three lots”); (b) on June 28, 197, the registration of ownership transfer was completed on the ground of the sale by network E; (c) on November 13, 2003, the network E died; and (d) Defendant B completed the registration of ownership transfer as to one third of the lots of three lots of the above road on the ground of inheritance by agreement division; (b) on August 10, 2005, the respective shares of Plaintiff A and Selection D on the three lots of the above road were entirely transferred to Defendant C; and (c) on June 1, 2007, all co-owners of the above three lots of land were transferred to New D Co., Ltd.

On the other hand, the ownership of the three lots of the above road is transferred to Defendant C.

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