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(영문) 대구지방법원 2016.05.27 2015가합1455
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As D (hereinafter “the deceased”) died on September 16, 2005, four persons, including the Plaintiff A, Defendant B, and F, who are the wife, inherited the property of the deceased.

B. Among the real estate owned by the deceased, the ownership transfer registration was completed on or around March 16, 2006 on the grounds of the inheritance due to the agreement division as of September 16, 2006, the number of real estate owned by the plaintiff, the defendant and the F, and the number of real estate owned by the deceased was 1/3 shares, and the ownership transfer registration was completed on or around September 16, 2006 on or around the grounds of the inheritance due to the division as of September 16, 2005 by the agreement division as of September 16, 2005. The ownership transfer registration was completed on or around March 16, 2006.

(hereinafter “instant inherited property”). On the other hand, on April 18, 201, the registration of preservation of ownership was completed in the future E on the two buildings, including the first floor building and the second floor building on the land of the Daegu-gu Ig-gu Ig-gu.

C. At the time of the deceased’s death, the deceased owned 51% of the total shares of C Co., Ltd. 5,100, E17%, Defendant 17%, and F 15% of the deceased’s shares. However, at the time of the division of inherited property, the shares of C Co., Ltd are currently transferred to the Defendant at the time of the division of inherited property, and are currently owned by E17%, Defendant 68%, and F1

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, and Gap evidence 3 (including paper numbers)

2. Determination as to the claim

A. After the plaintiff's assertion deceased's death, the defendant would dispose of the above C's shares and real estate as inherited property with his seal impression certificate and a certificate of personal seal impression issued to the defendant. However, since the defendant violated the plaintiff's share of inheritance such as transfer of C's shares, the defendant is obligated to deliver to the plaintiff the share C's 1,133 shares [=510 shares x 2/9] among the shares of inheritance infringed upon by the plaintiff pursuant to Article 999 of the Civil Code, and to pay damages for delay to the plaintiff.

B. The evidence submitted by the Plaintiff, such as evidence No. 5, is alone owned by the Defendant.

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