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(영문) 서울북부지방법원 2019.02.19 2018나31116
부당이득금 반환 청구
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The facts following the facts of the basis may be found either in dispute between the parties or in Gap evidence 1 to 4 (including each number, if any; hereinafter the same shall apply), Eul evidence 9, Eul evidence 10-1, Eul evidence 15 and the whole purport of the pleadings.

The Plaintiff, D, E, F, and Defendants (hereinafter referred to as “Plaintiff South Korea”) died on June 8, 1987 with three South and North Korean children between G and H, while G died on June 8, 1987.

B. Each real estate listed in the separate sheet Nos. 1 through 6 was owned by the network G. On September 1987, 1987, the deceased G’s heir, and the Plaintiff’s remainder of the Plaintiff, after the deceased of the network G, H were 140/1,00 of the real estate listed in the separate sheet Nos. 1 through 6, and H were 20/1,000 of the real estate as indicated in the separate sheet Nos. 1 through 6, and 220/1,00 of the Plaintiff, who is the head of the Gu, is son-Nam-Nam-do, and E were 213/1,00 of the shares, and 108/1,00 of the shares of his children, and the Defendants inherited 53/1,000 shares of the shares of his children, and accordingly, on September 23, 1987, a notary public prepared an authentic deed No. 1398, Apr. 13, 1987.

C. According to the first agreement on inheritance division in this case, the registration of ownership transfer was completed with respect to the entire portion of each real estate listed in the attached list No. 1 through No. 6 in H’s name as Seoul Central District Court No. 35937, Sept. 29, 1987.

On the other hand, during the attendance of Nonparty J and K on October 19, 1987, H drafted a notarial deed to the effect that “H shall transfer the Plaintiff’s share of the real estate listed in [Attachment List 1 through 6] to the Plaintiff” (hereinafter “instant testamentary gift”), and H died on April 18, 1998.

E. As to each real estate listed in the separate sheet Nos. 1 through 6, Seoul Central District Court (Seoul Central District Court No. 28267, Feb. 10, 2012; No. 28267, Apr. 18, 1998, each 1/6 share in the name of the remaining copies of the Plaintiff.

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