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(영문) 서울중앙지방법원 2014.05.29 2013가합65111
투자금약정에의하여부당취득한매매대금반환
Text

1. The plaintiffs' primary claims and conjunctive claims against the defendants are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The plaintiff A and the plaintiff B are married, and the defendant C is the words of the plaintiff B, and the defendant D, E, and F are children born between the defendant C and the deceased G.

B. On November 21, 1983, the net G purchases each 1/2 shares of the land listed in paragraph 1 of [Attachment List 1] and the land listed in paragraph 2 of [Attachment List 1] (hereinafter “instant land”) and the land listed in paragraph 2 of [Attachment List 2] and completes the registration of transfer on the 22th of the same month.

After November 7, 1984 for 330/3197 shares in net G of each of the above lands

6. The registration of transfer under H’s name was completed on the ground of sale and purchase, and on June 8, 1991, the same year as to the whole remaining shares of net G in the land No. 2 of this case

5. 18. The registration of transfer in the I name was completed for a public auction.

On the other hand, with respect to the shares of 151/3197 shares among the shares in net G of the instant land No. 1 on December 29, 2006, the registration of ownership transfer was completed in the name of YY Construction Co., Ltd. on the grounds of sale on the 28th of the same month. Then, as the area of 410 square meters out of the instant land was divided into the land listed in the attached Table No. 3 (hereinafter “instant land”) and the registration of ownership transfer was completed in the name of Mag single-name as to the instant land No. 3 as to the instant land.

C. The net G died on February 22, 2012, and on June 8, 2012, the respective registration of the transfer in the name of Defendant D, E, and F was completed due to the inheritance due to the consultation and division with respect to the shares of 1/3 of the instant third land.

On June 7, 2013, Defendant D, E, and F sold the instant land to J in KRW 670,000,000, along with each land listed in [Attachment List Nos. 4 and 5 (hereinafter “the instant land”) listed in [Attachment List Nos. 5”) and completed the registration of ownership transfer on July 26, 2013.

[Ground of recognition] A without dispute, Gap evidence 2-1, 2, Gap evidence 4, Gap evidence 5, Gap evidence 8, Gap evidence 9, Gap evidence 14, Gap evidence 17, Gap evidence 21, Gap evidence 23, Gap evidence 24, the fact inquiry results of this court's reading and viewing, and defendant C.

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