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(영문) 서울중앙지방법원 2016.02.04 2014가단26994
부당이득금반환 등
Text

1. The Defendant: (a) KRW 1,392,594 for each of the Plaintiff A and each of them to Plaintiff B, C, D, and E, respectively.

Reasons

1. Basic facts

A. The instant land 1,280 square meters of F forest 1,280 square meters (hereinafter “instant land”) and G forest 18 square meters (hereinafter “instant two land”) are all divided in sequence from 4,156 square meters of I forest 4,156 square meters.

B. The Plaintiff A with respect to the ownership of the instant land No. 1 completed the registration of ownership transfer on January 31, 2001 with respect to 6/10 of the instant land No. 1, and the Plaintiff B, C, D, and E completed the registration of ownership transfer on April 9, 2004 on each of the instant land No. 1/10 of the instant land due to consultation and division.

Since then, the shares of Plaintiff B, C, D, and E in the instant land were transferred to Plaintiff A on June 11, 2014 due to the division of the jointly owned property. On February 26, 2015, Plaintiff A’s shares in the instant land were entirely transferred to the remaining Plaintiffs in equal shares.

Therefore, from January 1, 2005 to the date of the closing of argument in this case, the plaintiffs' shares in the land of this case are arranged in the table as follows.

From January 1, 2005 to June 10, 2014, June 11, 2014 to February 25, 2015, from February 26, 2015 to February 26, 2015, A0.6 from February 25, 2015 to 0.6 (=6/10) 0.0938 (=75/3196x 4) 0.1 (=10) 0.0765 0.25 (= 0.07650/40.6/40.0938/4) C0. 0.25 October 25, 2015 to October 25, 20765 (0. 0.6/40.06/4)

C. On January 31, 2001, Plaintiff A had completed the registration of ownership transfer with respect to 6/10 of the land of this case 2, and Plaintiff B, C, D, and E completed the registration of ownership transfer on April 9, 2004 on each of the 1/10 of the land of this case 2.

On February 26, 2015, Plaintiff A’s share in the instant land was transferred to the other Plaintiffs in equal equity ratio.

Therefore, from January 1, 2005 to the date of the closing of argument in this case, the plaintiffs' shares in the land of this case 2 are arranged in the table as follows.

From January 1, 2005 to February 25, 2015 to February 26, 2015, A0.6 from February 26, 2015 to 0.6 (=6/10) 0 B.10.

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