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(영문) 수원지방법원 2019.06.13 2017나19415
부당이득금반환
Text

1. The judgment of the first instance, including any amendments and claims added by this court, shall be modified as follows:

Reasons

1. Basic facts

A. The plaintiffs and the defendants are F's children.

B. F constructed each real estate listed in the separate sheet (hereinafter collectively referred to as the “instant building,” each of the above real estate for convenience by dividing it into “O building of this case” in accordance with the separate sheet) and completed registration of preservation of ownership on September 27, 2010, and donated one fifth share of the instant building to the Plaintiffs and the Defendants from March 10 to July 4, 2016, and completed registration of ownership transfer as to each co-ownership share.

C. Defendant D had been residing in the building No. 3 (G) from the time of the above donation to the present date, and Defendant C had been living in the building No. 5 (H) since the time of the above donation, and had a director to the building No. 3 of this case on November 28, 2017 and had been living as Defendant D at present.

Building 2 (C) which is paid KRW 20 million from May 10, 2017 to May 9, 2019 by the lessee deposit, deposit, and deposit recipient of the rent, from KRW 1,100,000 to KRW 50,000 from March 2, 2015 to March 1, 2018; and C receives KRW 20,000,000 from April 1, 2018 to KRW 30,000 from April 1, 2018 to KRW 50,00,000 from March 26, 201 to KRW 30,00 from March 1, 2016.

D. Defendant C entered into a lease agreement or an obligatory lease agreement with respect to the instant building Nos. 1 (I), 2 (Ga), and 4 (J) and acquired the leased profit, and the details thereof are as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 8, 16, 17, 18, 19, and the purport of the whole pleadings

2. Relevant legal principles

(a) Co-owners of a majority share shall be in advance between co-owners;

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