logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.31 2016나2076177
유류분 등 반환
Text

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

Defendant F. The Defendant F.

Reasons

1. As to this part of the facts based on the judgment of the court of first instance, the corresponding part of the grounds of the judgment of the court of first instance (from 49 to 8 pages) shall be cited as the grounds of this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act.

However, part of the following shall be cut:

The 5th to 5th of the first instance judgment shall be cut down as follows.

“2) Defendant G, while managing and leasing the real estate listed in paragraph (1) of the attached Table 1’s real estate list as follows, obtained a profit equivalent to the rent. However, around July 10, 2016, Defendant G moved out of the second floor to another place on or around July 14, 2016, and thereafter did not reside in the second floor.

The 6th day below the 6th day of the first instance judgment "date of the grounds for registration for each of the above real estate" shall be the "date of the grounds for registration under the name of K for each of the above real estate".

The 8th two pages of the first instance judgment “A” shall be written with “A” written with “each description or image of evidence Nos. 1, 2, and 3”.

2. The part concerning Defendant G’s land in the primary claim against Defendant G

A. The plaintiffs asserted that they purchased the land under the name of the defendant G, but held title trust to K to avoid the limit of farmland ownership, which is included in the deceased's inherited property.

Therefore, Defendant G’s registration of transfer of ownership in its own name after the death of K is null and void, which constitutes unjust enrichment by infringing the Plaintiffs’ inheritance shares.

Therefore, Defendant G has a duty to register the transfer of ownership with respect to each inheritance share 2/17 of the above land to the plaintiffs, or to the plaintiffs subrogated to the deceased who was a truster, to implement the procedure for registration of cancellation of transfer of ownership in Defendant G and K name such as the registration list in attached Table 2.

B. In full view of the following circumstances revealed by the evidence and the purport of the entire pleadings as seen earlier, Defendant G.

arrow