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(영문) 서울북부지방법원 2015.08.13 2014가합22844
부당이득금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

(a) L:

M. Birth and death on April 17, 1989.

B. B. From around 1972 to around 1977, L, the Republic of Korea, N completed the registration of ownership transfer on the grounds of sale and purchase with respect to “Game O, Gyeonggi P, Gyeonggi Q, Gyeonggi R, Gyeonggi Sports Co., Ltd, Gyeonggi-do U, Gyeonggi X, Sports X, Gyeonggi-Y, Y, Namyang-si, Namyang-si, Namyang-gu AB, Seoul, and China-gu AC.

C. At the time of L’s death, N, AD, D, Plaintiff A, B, C, and I were the inheritor’s children (On the other hand, D had died on September 5, 2014 when the lawsuit of this case was pending, but D had taken over the litigation procedures of Plaintiff E, Plaintiff F, G, and H, who were the wife, due to the death of one of the Plaintiffs at the time of the lawsuit of this case, and AD did not participate in the lawsuit of this case). The inherited property in the name of L was “Seoul Central Fran-gu AE road 236 square meters, Guri-si AF, 91 square meters, Guri-si AF, and 78 square meters prior to Guri-si.”

N on April 24, 2003

1.(c)

Around April 17, 1989, the registration of ownership transfer was completed with respect to each real estate recorded in the port as a result of the inheritance due to a division of agreement made on April 17, 1989. Around December 2003, the said real estate was divided into a part of part (276m2) of AF 91m2 in Gui-si, Gui-si, a city of 276m2 in Gui-si, a city of 91m2 in Gui-si. As the “78m2 in Gui-si, Gui-si” was expropriated at Gui-si on around 2003, the amount of compensation for expropriation was received KRW 115,404,00, and around early 2004, the Plaintiffs and AD paid KRW 16,486,285, respectively.

E. N around 2008

1.(b)

The "GameV, Gyeonggi W, X" was sold to a third party (AH) among each real property listed in the subsection, and the registration of ownership transfer was completed in the name of the third party (H).

F. N died on January 8, 2014, and the wife succeeded to N’s property by Defendant J, AI, AJ, and Defendant K.

G. On March 28, 2014, when Plaintiff I served as a manager of a commercial building and a site owned by N and retired, Plaintiff I prepared a written confirmation with the following contents to the Defendants on March 28, 2014.

1. The Deceased promised to give 3,000,000 won monthly to I for three years.

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