(영문) 서울중앙지방법원 2018.11.23 2017가합543145

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(영문) 서울중앙지방법원 2018.11.23 2017가합543145

부당이득금반환

Text

1. The defendant,

A. As to Plaintiff A’s KRW 115,867,654 and KRW 90,00,00 among them, from July 15, 2017 to KRW 25,867.

Reasons

Facts of recognition

The relationship between the parties and the plaintiffs' acquisition of ownership of each of the real estate of this case as stated in the separate sheet No. 1 and No. 2 (hereinafter "each of the real estate of this case"). While the real estate listed in the separate sheet No. 1 was owned by a number of real estate including "No. 1" and "No. 2" as stated in the separate sheet No. 2, during the period from around 1985 to around 193, the F completed the registration of ownership transfer or registration of ownership preservation with respect to each of the real estate of this case to the defendant, G, H, and I as their children.

(The reason for registration is, in addition to donations, original acquisition due to sale and new construction of a building). G died on September 8, 1996, and at the time of G’s death, there was Plaintiff B, C, and D, the wife of the Plaintiff and his/her child, as his/her family.

On February 15, 1997, the Plaintiffs completed the registration of ownership transfer made on September 8, 1996 for the shares of G among the 2 real estate (Plaintiff A3/36, Plaintiff B, C, and D 2/36).

On the other hand, with respect to the shares of G among the first real estate, the registration of transfer of ownership was completed on August 10, 2009 on the ground of inheritance on September 8, 1996 by the plaintiffs (Plaintiff A3/36, Plaintiff B, C, and D 2/36).

In around 197, F filed a lawsuit against the plaintiffs claiming that each share registered in the names of the plaintiffs and G was nominal (Seoul District Court 97Gahap10531), and on March 22, 1999, the conciliation was concluded with the following contents on the conciliation date of the above appellate court (Seoul High Court 98Na53020, 99s293).

1. The plaintiffs shall be entitled to each share registered in the names of plaintiffs and G among the real estate in the separate sheet of the real estate in this case as stated in the separate sheet.

The ownership of the network G in the name of the deceased is F. F.

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