(영문) 부산지방법원 2015.04.03 2013가단56569

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(영문) 부산지방법원 2015.04.03 2013가단56569

구상금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. Defendants and F except the Plaintiff and Defendant E are children of the network G, and Defendant E was divorced from F on May 14, 2010, with the former wife of F.

B. The land and the above ground buildings located in Busanjin-gu Busan (hereinafter “instant real estate”) were owned by the deceased, but the registration was made in the name of the plaintiff.

C. Upon the death of the deceased, the Defendants and F except Defendant E filed a lawsuit seeking the registration of ownership transfer with respect to the Plaintiff’s real estate in this case’s against the Busan District Court Decision 2007Gahap16857, which constituted inherited property as the deceased’s possession. The appellate court (Seoul High Court 2008Na12729) established conciliation on March 30, 2009 with the following content (hereinafter “instant conciliation”).

1. The Plaintiffs (excluding Defendant E, and F, the same as the Defendants, F, and the Defendant (hereinafter the Plaintiff, the same as the Defendant) and the Defendant (hereinafter the same) confirm that the shares of 4/6 of the instant real estate in the building are owned by the Plaintiffs.

2. The defendant is against the plaintiffs:

A. The procedure for the registration of ownership transfer based on the return of unjust enrichment with respect to each one-six portion of land among the instant real estate;

B. Of the instant real estate, the registration procedure for cancellation of registration of ownership preservation completed on December 30, 1991 by the Busan District Court Busan District Court, Busan District Court, Busan District Court, the registration procedure for cancellation of ownership preservation completed on December 30, 1991 (where the execution of paragraph (2) is impossible, the registration procedure for ownership transfer registration shall be implemented on the basis of unjust enrichment return with respect to each one/6 of the instant real estate among the instant real estate)

2. As to the lease proceeds of the instant real estate:

A. As to the lease proceeds of the above real estate by February 4, 2009, the Defendant shall pay the Plaintiffs KRW 30 million up to April 15, 2009, and KRW 36.8 million up to May 15, 2009.

However, if the defendant raises this, the defendant shall lose the benefit of time, and 20% per annum for the whole unpaid amount.

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