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(영문) 대전지방법원천안지원 2017.10.13 2016가합101825
부당이득금
Text

1. The defendant's KRW 40,453,861, respectively, and KRW 60,453,861, and KRW 100,453,861, and KRW 861, respectively, to the plaintiff Gap and Eul.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and G (Death on December 10, 2002) are born between the father, H (Death on September 12, 2002; hereinafter “the deceased”) and the mother, I (Death on July 18, 2013).

B. As the Deceased died on September 12, 2002, the Plaintiffs, the Defendants, G, and I, according to their statutory inheritance shares, succeeded to the shares of 14/119 shares of the Plaintiffs, the Plaintiffs, the Defendant, and the Defendant, and G, respectively, in the land of 681.7 square meters in the Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu (hereinafter “instant land”), which was owned by the Deceased (hereinafter “instant land”), and in the three floors of reinforced concrete structure, slab roof, neighborhood living facilities, housing, and educational and research facilities (hereinafter “instant building”).

C. Since then on December 10, 2002, G was killed on December 10, 2002, G’s wife K (name L prior to the opening of the name) and M (N prior to the opening of the name) andO (P prior to the opening of the name) were succeeded to the shares of G (14/19) in the instant land and buildings in accordance with the statutory inheritance shares, K succeeded to the shares of 6/119, M, andO, respectively.

on September 23, 2008, K, M, andO sold all their shares in the instant land and buildings to K, M, andO, and on September 24, 2008, the registration of ownership transfer was completed in the future of the funeral service for the land of this case on September 24, 2008.

E. The Defendant obtained a loan of KRW 200 million as security on June 30, 2010 and July 8, 2010 according to the agreement with the Plaintiffs and I, and used 14/119 of the equity interest in the instant land and buildings as security for purchase or sale, and completed the registration of ownership transfer in the Defendant’s future on July 13, 2010 and July 13, 2010.

(B) The Defendant, upon delegation by the Plaintiffs and I, who are the other co-owners of the instant land and building, sold all of their shares and the Plaintiffs and I’s shares to Q Q 1.15 billion won on March 21, 2012, and on May 17, 2012.

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