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(영문) 서울중앙지방법원 2016.12.08 2015가합4691
소유지분권이전등기절차이행청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The 1,428 square meters of the Gu-U.S. H road (hereinafter “instant land”) was divided from the land under the circumstances on October 5, 1912 by the deceased I, and was owned by the deceased I on the land cadastre in the state of not being registered until October 2005.

B. The deceased on June 17, 1949 and the deceased on and after the deceased on and around 17, 1949, the deceased J independently succeeded to the deceased I's property, and the J died on October 6, 1950 and the deceased K independently succeeded to the deceased J's property.

K died on September 3, 1964 and became co-inheritors of L and its wife, and L were deceased on May 3, 1994, and as the plaintiffs and network M were co-inheritors of the deceased on May 3, 1994.

The network M was deceased on December 22, 2013 and became the co-inheritors of Defendant G and children, Defendant E and F, who are the wife of the network M.

C. 1) On April 2005, the network M and the Plaintiffs drafted a written agreement on the division of inherited property (hereinafter “the first agreement on division of inherited property”) with the purport that “the instant land shall be in the name of M and four Plaintiffs. M shall be in the shares of the Plaintiffs.” 2) The network M and the Plaintiffs, around July 2005, drafted a written agreement on division of inherited property (hereinafter “the second agreement on division of inherited property”) with the purport that “the instant land shall be owned by M among co-inheritors, and the co-inheritors shall not receive inherited property.”

The deceased M filed a lawsuit against the Republic of Korea for the confirmation of ownership of the instant land by the Daegu District Court Kimcheon-ro 2006Gadan10152, and won the judgment around April 19, 2007. The judgment became final and conclusive around that time.

E. The deceased M filed a lawsuit against the Gu-U.S. Supreme Court Decision 2006Kadan98000 against the Gu-U.S. Supreme Court for claiming restitution of unjust enrichment on the instant land.

The above court on August 23, 2007: 5% per annum from May 26, 2007 to November 1, 2007 to the deceased M; 20% per annum from the next day to the day of full payment; and the amount calculated from September 1, 2006 to the day of full payment.

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