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(영문) 부산지방법원 2015.11.27 2014가단88617
부당이득반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in each entry in Gap evidence 1 to 3 (including branch numbers if there are serial numbers).

312 square meters (the name before the change of the administrative area shall be in accordance with the current administrative district name on the "Seoul-dong-gun E" or convenience, and the area unit shall be in accordance with the name before the conversion into the area; hereinafter "land before the division") of F and G shared 1/2 shares, respectively.

B. The Plaintiff is F’s son, and the Defendants are children between G and H as G’s son and female.

C. The F died on April 5, 1966 by G and June 20, 1969, and as G were deceased on June 20, 1969, one half of F in the land before division was jointly inherited by the Plaintiff with the other inheritors of F, and one half of G was jointly inherited by H and I.

After that, the land before subdivision was divided into 189 square meters from Jin-gun, Busan-gun, 65 square meters from the above L, 15 square meters from the above L, 3 square meters from the above L, and 40 square meters from the above N land. On June 30, 1973, the Plaintiff purchased the entire shares of the other inheritors of F, and completed the above inheritance and the above sale and purchase transfer registration based on the above N, thereby holding 1/2 of F in each of the above divided lands owned by the Plaintiff. As to the remaining shares of 1/2 of G, H and I completed the registration of co-ownership (2/6 shares, 1/6 shares, and 1/6 shares) by the above inheritance.

E. In addition, the above J land 189 square meters was divided into 132 square meters on August 28, 1973 and 57 square meters on the above J land. According to the co-owned property partition consultation between the Plaintiff, H and I, the above J land 132 square meters was owned by the Plaintiff, while the above O land 57 square meters was owned by H and I (one half shares), and the remaining K land was 65 square meters, L land 15 square meters, M 3 square meters, and N 40 square meters or less on the above 4 land, and the land of the above 65 square meters or less on the 65 square meters of land among them was "after subdivision."

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