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(영문) 부산지방법원 2019.07.12 2018나57964
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 15, 1934, the network E, Japan, had been residing in Japan on June 15, 1934 after the marriage with the I, Japan, Japan (Death on December 25, 1981), and was deceased on January 2, 1984, but there was no child under the chain.

B. The deceased E’s siblings was the deceased, J, and K, but the deceased was the deceased on November 22, 1949; the deceased on August 20, 1970; the deceased on July 23, 1936.

(The deceased J and K did not have any wife or child at the time of their death).

The heir of the deceased D was only wife L (the deceased on November 15, 1966), the defendant who is his father, and H, and the deceased D, and the deceased D was adopted on September 22, 1951 by the deceased C on September 2, 1951 to have no male to inherit the family.

As the network E died on January 2, 1984, the property of the network E was inherited by the deceased C, the defendant, and H as the heir of the network D.

E. Around July 20, 2006, prior to the death of the deceased C, the Plaintiff agreed with the Defendant and H in the name of the network C as follows (hereinafter “instant agreement”).

Certificates of Transfer of Real Estate Rights

1. Indication of real estate;

(a) Parcel number: Details verifying the F-road 635 square meters in Ulsan-gun, Ulsan-gun, and 446 square meters in G road;

A. The parcel number of “A” agrees that the deceased E’s heir, the owner of the land currently used in Ulsan City as a road or the lot number of “A”, does not raise any objection to the transfer of the inheritance by agreement between the Defendant and H, which is the land owner C, Defendant, and H, and C (agreement).

F. On August 16, 2006, the registration of ownership transfer was completed in the name of H on the real estate with the parcel number of “A” in the instant agreement (FF road 635 square meters, G road 446 square meters, hereinafter “instant real estate”).

After that, on November 21, 2006, Ulsan Metropolitan City Ulsan-gun acquired the instant real estate through consultation. H, who was the title holder of the instant real estate at the time, received the instant real estate compensation of KRW 52,561,00 (hereinafter “instant compensation”) on November 28, 2006.

G. The net C shall be on January 15, 2007.

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