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(영문) 서울고등법원 2015.10.29 2013나2024748
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The plaintiff in relation to the party, the party, etc. is the remaining-born of the defendant, and D is the plaintiff's punishment, and Eul is the plaintiff, the defendant, and the mother of D.

(b) Attached Form 1 E in the C building ownership relationship.

1. The real estate listed in paragraphs 1 and 2 of the list (hereinafter “Cbuilding”) was owned.

[Attachment 1] Co-owners’ shares 21.25/100 G 2 G 19.1667/100 3.834/100 H 3.8333/100 4 H 3.8333/100 5 J. 3.8333/100 51.9167/100 aggregate of the Plaintiff’s family shares 51.25/100 7 K 167/100 7.167/100 8 L 3.8333/100 9/100 3.333/100 of the Defendant’s family shares 48.083/100 2) with respect to C building, the Plaintiff’s wife, Plaintiff’s children, Plaintiff’s children, Ha, Ha, Ha (hereinafter collectively referred to as “Plaintiff, Ha, Ha, Ha, and HaJ

(1) The Defendant’s family members, including Defendant, Defendant’s husband K, Defendant’s child L, M (hereinafter referred to as Defendant and K, L, and M, are “Defendant’s family members.”

(C) The ownership transfer registration was completed due to the donation made on February 25, 2000 by making the two co-owners as co-owners, and the shares among the above co-owners are as follows:

1. The registration of ownership transfer was completed on December 15, 1982 with respect to the real estate listed in paragraph (3) of the list (hereinafter “instant site”) on December 14, 1982, and the registration of ownership transfer was completed on December 14, 1982 with respect to the portion of 94/10,000 out of the instant site as to the portion of 94/10,000 among the instant site, as D’s children on January 23, 2009, the registration of ownership transfer was completed on January 22, 2009.

2 Attached Form 2

1. On January 16, 1987, the provisional registration of the right to claim the transfer of ownership was completed on the real estate listed in paragraph (4) of the list (hereinafter “Nbuilding” combined with the instant building site) on January 16, 1987 under the Plaintiff’s name on January 15, 1987, and the provisional registration of the right to claim the transfer of ownership was completed on September 26, 1991 under the Plaintiff’s name on January 15, 1989.

3. However, the plaintiff and D have agreed that they own 1/2 shares in respect of Nbuilding and received their lease proceeds.

Attached Form of Land Expropriation

1. The real estate listed in paragraph 5 of the list (hereinafter referred to as “didified forest”).

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