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(영문) 서울북부지방법원 2017.10.26 2016가합25847
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On March 19, 2005, C died on March 19, 2005, and C’s land and buildings owned by Seoul Special Metropolitan City, Nowon-gu, 458.9 square meters and its ground (hereinafter “each of the instant real estate”).

With respect to each one-fourth share of March 19, 2005, the registration of ownership transfer was completed on April 18, 2005 in the name of the plaintiff, E, F, and G on the ground of inheritance by agreement and division as of March 19, 2005. 2) The defendant is a lawyer.

B. On September 16, 2005, the Plaintiff filed a lawsuit against E, F, and G for partition of co-owned property as to each of the instant real estate under the Seoul Northern District Court Decision 2005Gahap7485, Sept. 16, 2005. 2) The Defendant, as the Plaintiff’s legal representative, brought the said lawsuit as the Plaintiff’s legal representative.

3) On November 21, 2005, the above court rendered a ruling of recommending reconciliation with the purport that "the remaining amount after the purchase price of each of the real estate in this case was put to an auction and after deducting the auction expenses shall be distributed at the ratio of 1/4 to plaintiffs, E, F, and G," and the above ruling was finalized on December 11, 2005 as it is. On the other hand, on the other hand, on November 26, 2005, on the remaining 3/4 shares of each of the real estate in this case excluding the plaintiff's shares excluding the plaintiff's shares, the ownership transfer registration was completed in the name of I on December 16, 2005 due to the sale on November 26, 2005.

C. On February 24, 2006, the decision to commence the auction of real estate in the process of the above reconciliation recommendation was made by the Seoul Northern District Court J on February 24, 2006, and on November 22, 2006, the registration of transfer of ownership in the name of K and L was completed with respect to the share of 4/8 of each of the instant real estate on November 24, 2006.

On December 12, 2006, 1E filed a lawsuit against the Plaintiff for reimbursement under the Seoul Northern District Court Decision 2006Gahap10068 against himself, F, and G’s designated parties, and around that time, the said claim for reimbursement is a right to be preserved.

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