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(영문) 서울북부지방법원 2018.09.20 2017가단118114
부당이득금
Text

1. Each plaintiff (Counterclaim defendant) shall:

A. Defendant (Counterclaim Plaintiff) C: (a) each of the KRW 1,496,074 and the said KRW 1,496,074 on February 27, 2018.

Reasons

1. Facts of recognition;

A. E, F, G, H, and I completed the registration of ownership transfer on the instant land on February 14, 1978, and thereafter, on the land above ground, two houses consisting of two Dongs (one household per one unit) and two buildings with two floors (one unit and eight units per unit and 51.11 square meters of the size of each household unit) on the land above ground. The registration of ownership transfer was completed on June 28, 1978.

B. Of the instant land on June 28, 1978, E, F, G, H, and I sold in lots the buildings listed in the separate list No. 2 (hereinafter “the instant single-story building”) from among the instant apartment houses on June 28, 1978 to the deceased J (hereinafter “the deceased”), and completed the registration of ownership transfer for the owners of the buildings listed in the separate list No. 2 (hereinafter “the instant single-story building”) from among the instant apartment houses on the same day to K as its owners, with regard to the shares of 126/1498; ③ 63/1498 shares of each 16 households of the instant multi-story house from each of the above apartment houses to become their owners; ④ E completed the respective registration of ownership transfer for the remainder of 126/1498 shares to E; ⑤ on March 21, 1981, E completed the registration of ownership transfer for the remainder of the building to M. 126/196/48 shares.

C. On March 2, 1985, Defendant D purchased 63/1498 shares among the buildings listed in the [Attachment List No. 3 (hereinafter “instant partitioned buildings”) from L and the instant land, and completed each registration of ownership transfer on March 4, 1985.

Defendant C donated 126/1498 shares out of the instant single-story building and the instant land from K, ASEAN on August 30, 1997, and completed each registration of ownership transfer on September 23, 1997.

E. The Plaintiffs, as the inheritors of the Deceased, completed the registration of ownership transfer on October 10, 2016 with respect to each of the instant shares 119/1498 out of the instant land on July 18, 2016, based on inheritance by consultation and division.

F. Meanwhile, each owner of a single-story building among the instant tenement houses and the owner thereof.

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