logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.07.25 2016나209476
부당이득금반환등
Text

1. Of the judgment of the court of first instance, the part concerning the claim for restitution of unjust enrichment is modified as follows.

1. The Defendants are respective, provided that they are:

Reasons

1. In the first instance court, the Plaintiffs partly won the claim for restitution of unjust enrichment, the claim for revocation of unjust enrichment, and the claim for restitution thereof, and lost the claim for restitution of unjust enrichment. The Defendants only appealed as to the part against the Defendants among the claim for restitution of unjust enrichment. As such, the scope of the trial of this court is limited to the part against the Defendants among the claim for restitution of unjust enrichment.

2. Basic facts

A. From May 3, 1994, A was the owner of Jongno-gu Seoul Jongno-gu Ygi 135.5 square meters (hereinafter “instant site”) and M completed the registration of transfer of ownership on the ground of sale as of April 25, 1995 with respect to the building located on the instant site (attached Form 1) on May 26, 1995.

B. M died on January 12, 2005 and jointly inherited M’s property by the Defendants, as their wife, the O and the Defendants (hereinafter collectively referred to as “M’s heir”). The inheritance portion is O3/17 and the Defendants’ respective 2/17.

C. On April 11, 2008, theO reported the qualified acceptance of M’s death to the Seoul Family Court on March 13, 2008; Defendant G, H, and I on March 13, 2008; Defendant J and K on March 7, 2008; Defendant L reported the qualified acceptance of M’s death to each Seoul Family Court on February 14, 2008; and received a repair judgment around that time.

M’s inheritors, on December 20, 2010, agreed on the division of inherited property (hereinafter “instant division”) to the effect that the instant building, which was the sole property of M, is owned by Defendant F as the sole owner of the instant building, and completed the registration of ownership transfer under the Seoul Central District Court’s Branch Registry No. 60617, Dec. 28, 2010 (hereinafter “instant registration”).

O died on May 9, 2014.

E. On July 13, 2016, A died on July 13, 2016 while the instant lawsuit is pending, and Plaintiff C, D, and E, one of their wife, jointly inherited the instant lawsuit’s property and took over the instant lawsuit. their respective shares of inheritance are Plaintiff B3/9 and the rest of the Plaintiffs.

arrow