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(영문) 서울중앙지방법원 2018.05.18 2015가합572811
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the networkJ are children of the network K and the network L, and Defendant H and I are children of the network J and Defendant G.

B. The deceased K died on April 3, 1975, and accordingly, on April 21, 1978, the deceased J completed the registration of ownership transfer based on the inheritance on April 3, 1975 as to the respective shares of 3/14, Plaintiff C, D, E, and F, 2/14, net L, Plaintiff A, and B, 1/14, as to each share of 1/14 on April 3, 1975.

(B) After this, M completed the entire transfer registration for the share transfer on the ground of the public sale conducted on January 30, 2009 with respect to 2/14 of the Plaintiff F's shares among the real estate No. 1 of the same list No. 30 on January 30, 2009.

After December 2, 2010, the deceased LW died, and the deceased JJ died on August 3, 2012.

Accordingly, on March 12, 2013, ① the Plaintiff, B, C, D, E, and F among the L/1/14 shares of each real estate of this case, the entire registration of transfer of shares based on inheritance on December 2, 2010 as to the 7/686 shares of the Defendant G, Defendant H, and I as to the 2/686 shares of each real estate of this case, ② the Defendant G among the 3/14 shares of each real estate of this case, the entire registration of transfer of shares based on inheritance on August 3, 2012 as to the 6/98 shares of each real estate of this case was completed.

C. On December 29, 2014, the Korea Land and Housing Corporation completed full registration of transfer of shares based on the acquisition of consultation on a site for public use on December 12, 2014, as to Defendant G 66/686, Defendant H, and I’s respective shares in each of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the grounds of the plaintiffs' claims

A. The gist of the plaintiffs' assertion 1 network J and the defendants do not agree with the plaintiffs, co-owners of each real estate of this case as to the method of use and profit-making, and they do so from November 19, 2005 to December 2, 2010.

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