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(영문) 서울중앙지방법원 2019.12.20 2019가단17223
부당이득금반환 등
Text

1. The Defendants: (a) from April 26, 2019 to April 26, 2019, Defendant B, F, and G with respect to KRW 117,672, respectively, to the Plaintiff; and (b) on May 2019, Defendant C.

Reasons

1. Facts of recognition;

A. He married with J and placed K as his child, and married with L after his death, the H had the Plaintiff as his child.

B. K died on September 17, 2015, and the Defendants, their children, succeeded to the network K’s property.

C. H died on August 27, 2016 (hereinafter “the deceased”), and each real estate listed in the separate sheet as the inherited property (hereinafter “each of the instant real estate”). D.

With respect to each real estate of this case, the registration of transfer of each share in the name of the Plaintiff and the Defendants (the Plaintiff is 6/12 shares, and the Defendants are 1/12 shares) was completed due to the inheritance due to the death of the Deceased under Article 46439 of the receipt of Gangseo Branch Branch Court of Chuncheon District Court on December 29, 2016.

E. (1) On the other hand, on January 11, 2006, the Deceased prepared a testamentary gift stating that “if he dies, he shall inherit all of the instant real estate to the Plaintiff.” On the other hand, the Plaintiff acquired ownership of each of the instant real estate by testamentary gift on August 27, 2016, pursuant to Article 187 of the Civil Act and Articles 1078 and 1005 of the Civil Act.

(2) On May 29, 2018, the Suwon District Court rendered a judgment on the Plaintiff on May 29, 2018, stating that “The Defendant shall carry out the procedure for ownership transfer registration for each of the instant real estate (other than the Defendant’s reserved portion) based on the real name recovery.” The Defendants appealed in Suwon District Court 2018Na6942, Suwon District Court, but the Suwon District Court dismissed the Defendants’ appeal on November 15, 2018, and the judgment became final and conclusive as is.

F. The Plaintiff filed a claim against the Defendants for the division of the contributory portion and the inherited property regarding each of the instant real estate, with the Suwon District Court 2017Rahap2, but the Suwon District Court rendered a judgment dismissing the Plaintiff’s claim on June 27, 2018, and the said judgment became final and conclusive as it is.

[Reasons for Recognition]

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