logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2017.10.26 2016가합104394
부당이득금
Text

1. The Defendant’s KRW 509,093,772 as well as the Plaintiff’s annual 5% from April 3, 2015 to October 26, 2017, and October 2017.

Reasons

Basic Facts

On May 1, 1984, the plaintiff is a legally married couple who has completed a marriage report with the non-party C, and the defendant is a birth of C.

The Defendant and C’s father D died on April 14, 1992, and their inheritors are four children, including wife E and the Defendant and C.

With respect to the area of 473 square meters, G 314 square meters, H 3,517 square meters (hereinafter “instant land”) prior to Busan-gun, Busan-gun, the registration of ownership transfer was completed according to the ratio of 2/15 of each of the remaining successors, including the Defendant and C, on June 30, 1994 due to each inheritance.

On October 25, 1994, with respect to E 3/15 of the land in this case, the registration of transfer of ownership due to gift was completed in the future C on October 25, 1994, 5/15 of the share in this case, and thereafter on March 17, 1997, the registration of transfer of ownership due to gift was completed on March 17, 1997.

On December 20, 1999, the Plaintiff completed the registration of ownership transfer for the Defendant on the ground of sale as to 5/15 (hereinafter “instant shares”) one’s own shares out of the instant land.

From February 25, 2014 to April 3, 2015, the instant land was expropriated in Busan Metropolitan City plane captain-gun (hereinafter “Seoul Metropolitan City plane captain-gun”). On March 27, 2015, the plane captain-gun deposited KRW 956,896,310 of the compensation for expropriation adjudication on the instant land (i.e., 5/15 shares inherited by the Defendant from D) 7/15 shares in the name of the Defendant (i.e., 5/15 shares in the instant land) among the instant land on March 27, 2015, and the Defendant received the full amount of the compensation for expropriation adjudication on April 3, 2015.

[Ground of recognition] A without dispute, each entry of Gap evidence 1 through 3 (which includes each number; hereinafter the same shall apply), witness I's testimony, fact-finding conducted on the plane captain of Busan Metropolitan City in Busan Metropolitan City. The plaintiff's assertion of the purport of the whole pleadings does not purchase the shares of this case from the plaintiff, but completed the registration of ownership transfer in accordance with the title trust agreement with the plaintiff.

arrow