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Reasons
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(영문) 부산지방법원 2019.12.11 2019가합22
부당이득금반환 등
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1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship E (Death on April 20, 200) of the parties is the spouse of the deceased F (Death on May 29, 2015, hereinafter “the deceased”). The Plaintiffs, G, H (hereinafter “Plaintiff, etc.”) and the Defendants, and I (hereinafter “Defendant, etc.”) are children between the deceased E and the deceased.

B. On May 2, 2003, the Deceased: (a) on May 2, 2003, a notary public made a testamentary gift by the notarial deed No. 3036, 2003; and (b) the content thereof is the real estate stated in Paragraph (2) of the attached Table (hereinafter “instant site”).

(3) The real estate described in paragraphs (1) and (3) (hereinafter “instant housing”).

(1) The real estate listed in Schedule C(1) (hereinafter “instant land”) to Defendant C.

(2) On March 6, 2004, Defendant C completed the registration of ownership transfer on the ground of gift made on March 3, 2004 with respect to 100/3650 of the land in this case on March 6, 2004. In other words, Defendant C completed the registration of ownership transfer on the ground of gift made on May 25, 2010 to M who is the spouse on May 18, 2010.

3) Meanwhile, on June 27, 2013, the Deceased’s testamentary gift by an authentic deed No. 672, No. 672, 2013 (hereinafter “instant testamentary gift”).

A) The contents of the testamentary gift made on May 2, 2003 are revoked and void. The content of the testamentary gift made on May 2, 2003 is as follows: (a) 2650/360 of the instant land, the entire instant housing, and the instant land owned by the deceased (hereinafter collectively referred to as “real estate subject to the testamentary gift of this case”).

(4) On August 13, 2015, the deceased et al. completed the registration of transfer of ownership based on a testamentary gift dated May 29, 2015, on the real estate subject to the instant testamentary gift after the death of the deceased.

C. Agreement 1) M and the Plaintiff et al. between the Plaintiff, etc. and the Defendant, etc. on November 26, 2015, with the price of KRW 3.12 million for the instant land to two other persons on November 26, 2015 (hereinafter “instant sales contract”).

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