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(영문) 서울중앙지방법원 2014.12.11 2013가합537012
소유권이전등기
Text

1. As to each real estate listed in the separate sheet, each of the plaintiffs, and as to each of 3/35 shares, defendant G, and I.

Reasons

1. The husband of Defendant E who is the father of Defendant G, and the K and the Plaintiffs, both of whom are the father of Defendant G and I, shall be L’s children.

L acquired each real estate listed in the separate sheet on August 12, 1983 (hereinafter collectively referred to as the “instant real estate”), but trusted the title of the registration to K, and K completed the registration of ownership transfer on August 18, 1983.

After that, L died on Nov. 11, 1991, and K on Nov. 12, 2012. As a registered titleholder of the instant real estate dies, Defendant E was succeeded to the instant real estate in 3/7 shares, Defendant G, and I in 2/7 shares, respectively.

However, the real estate of this case is the property trusted in trust with the network L, and it is inherited property that the plaintiffs and the network K, who are the children of the network L, receive inheritance from the network L in the proportion of 1/5 each from the network L. The defendants are deemed to have obtained unjust enrichment without any legal grounds except the portion of the share of the network K (total 1/5, 3/35 of the shares of the defendant E, 3/35 of the shares of the defendant E, defendant G, and I) among the real estate of this case. Thus, they must be returned to the plaintiffs.

Therefore, with respect to the instant real estate, Defendant E is obligated to implement the registration procedure for transfer of ownership for each of the following reasons: (a) 3/35 shares for each of the instant real estate (=3/7-3/35) ± 4); (b) 2/35 shares for each of the Plaintiff (=2/7-2/35) ± 4); and (c) 2/35 shares for each of the Plaintiff.

2. Article 208 (3) 2 of the Civil Procedure Act of each of the Defendants who are subject to applicable provisions of Acts (a judgment made by deemed as a host);

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