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(영문) 서울중앙지방법원 2013.09.27 2012가합46779
부당이득금반환
Text

1. The Defendant’s KRW 354,943,925 for the Plaintiff and 5% per annum from June 13, 2012 to September 27, 2013.

Reasons

1. Facts of recognition;

A. C building ownership relationship 1) The Defendant, the Plaintiff, and the D’s mother are the Gangnam-gu Seoul Metropolitan Government F site and ground buildings (hereinafter “C building”).

2) On February 25, 200, E donated C building to the Plaintiff, Plaintiff’s wife G, Plaintiff’s child H, I, J (hereinafter collectively referred to as “Plaintiff, etc.”), Defendant, Defendant’s husband K, Defendant’s child L, Defendant’s child M (hereinafter referred to as “Defendant, etc.”) (hereinafter referred to as “Defendant, etc.”) as follows.

Serial Number 1 Plaintiff 21.25/100 2 G 19.1667/100 H 3.834/100 H 3.8333/100 5 J 3.8333/100 51.9167/100 6 Defendant 21.25/100 7 K 19.167/100 8 L 3.833/100 8 L 3.33/100 3.100 3.83/100 48.083/100 shares of Defendant, etc. 48.083/100

B. Nbuilding ownership relationship 1) Yongsan-gu Seoul Metropolitan Government O large of 576§³ (hereinafter “instant site”).

)The above building and its ground buildings (hereinafter referred to as “instant building”) are the “Nbuilding” and the above site and the building are combined;

As to D, the registration of ownership transfer was completed on December 14, 1982 under D's name on December 15, 1982. Of these, D's registration of change of a registered titleholder's indication was completed on March 2, 1983 in the name of E's father P, who was the father of D's child. On September 26, 1991, D's registration of ownership transfer was completed on January 15, 1989 under the name of the Plaintiff on January 23, 2009. 2) D's registration of ownership transfer was completed on January 23, 2009 to Q Q, one of his children, for donations made on January 22, 2009.

C. On May 28, 1980, the registration of ownership transfer was made on May 28, 1980 with respect to R forest land expropriation (hereinafter “UP”) in the name of the Plaintiff and D respectively.

After 2006, some of the above land was expropriated by the Republic of Korea, and the land expropriation amount was paid by the Seoul Regional Land Management Office.

The plaintiff against the plaintiff on December 3, 2009 is the US dollars of the loan from K.

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