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(영문) 서울중앙지방법원 2017.09.14 2016가합549368
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A (E on April 7, 2012) entered the name of the Plaintiff as “A”

) The deceased F (Death on July 29, 201, hereinafter referred to as “the deceased”) shall be the deceased.

(2) Defendant C is the mother of the deceased, and Defendant D is the deceased’s punishment.

B. The Plaintiffs’ inheritance and the Defendants’ transfer of ownership 1) The Deceased completed the registration of ownership transfer with respect to the real estate listed in the table of paragraphs (5) through (5) (hereinafter referred to as “real estate”) at the time of the death. However, the Plaintiffs completed the registration of ownership transfer with respect to the real estate listed in paragraph (1) on August 18, 201 after the Deceased’s death, based on inheritance on August 6, 201, and on August 22, 201 through (5) on August 6, 2011.

2) The Plaintiffs sold the real estate to G on August 23, 201, and completed the registration of transfer of ownership on September 16, 201, and Plaintiff A paid KRW 100 million out of the purchase price of the real estate under paragraph (1) to Defendant C on September 16, 2011. 3) The Plaintiffs completed the registration of transfer on September 21, 201, for sale of the Plaintiffs’ shares among the real estate under paragraphs (2) and (3) to Defendant C on September 21, 201, and Defendant D, a co-owner of the real estate under paragraphs (2) and (3), as well as the Plaintiffs, was the sole owner of the real estate under paragraphs (2) and (3) to Defendant C on September 21, 201.

On September 19, 2011, Defendant D completed the registration of ownership transfer on the plaintiffs' share in the 4th and 5th real estate.

4) Meanwhile, on January 13, 2010, Plaintiff A completed the registration of ownership transfer with respect to the real estate indicated in the table of Paragraph 6 (5) and owned it, but completed the registration of ownership transfer with respect to Defendant C on September 19, 201.

5 Ownership of the immovables in paragraphs 1 through 6 below.

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