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(영문) 서울서부지방법원 2016.09.29 2015가합34376
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are the deceased’s children who are married with the deceased H (the deceased on April 7, 201, hereinafter “the deceased”). The Plaintiff and the Defendants are the deceased’s children.

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real property”) was originally owned by the deceased. As to each of the instant real property’s share on June 5, 200, the ownership transfer registration was completed in the name of the Plaintiff on the ground of donation on the same day.

C.1) On September 15, 2005, with respect to the remaining one-half shares of each of the instant real estate, the registration of ownership transfer was completed in the name of I due to inheritance by agreement division on April 7, 2001. (2) The wifeJ of the deceased and the Defendants, even though I did not have an agreement on the division of inherited property between the co-inheritors of the deceased against I against I, they forged the agreement by agreement between I and I.

C. (1) The Defendants asserted that each of the above registrations of ownership transfer in the I’s name was made, and thereafter filed a lawsuit seeking the implementation of the procedure for the cancellation of the remaining shares except for I’s inheritance shares (Seoul Western District Court 2007Gahap11507). On February 26, 2008, the lawsuit was pending, and as the J died on or around February 26, 2008, the Defendants became the Plaintiff of the instant lawsuit and the deceased J’s party to the lawsuit, the judgment was rendered in favor of all of the Defendants on January 22, 2009, and the appeal was filed by Seoul High Court 2009Na21951. However, the dismissal judgment was rendered on July 9, 2009, and became final and conclusive around that time) thereafter, on the above registration of ownership transfer in the I’s name of the Plaintiff on July 3, 2014, the Defendants owned shares due to the final and conclusive judgment on May 16, 2016.

(hereinafter referred to as "registration for correction of ownership of this case"). . [Grounds for recognition] . (No dispute exists, Gap evidence Nos. 1 and 2, Eul evidence No. 7-1 and 2, and the purport of the whole pleadings.

2. The party's assertion and judgment as to it

A. On June 5, 2000, the plaintiff's assertion 1 of the parties concerned alleged each of the plaintiff's claims in this case.

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