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(영문) 부산지방법원 2016.04.28 2014가합5992
부당이득금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. With respect to each real estate listed in the separate sheet Nos. 1, 2, and 4 (hereinafter “the real estate”) in the separate sheet Nos. 1, 2, and 4, the Plaintiff A and the deceased B (hereinafter “the network”) were jointly owned by the respective shares of 3/48, the Plaintiff E and the Plaintiff F were jointly owned by the respective shares of 4/48, and the Plaintiff F were jointly owned by the respective shares of 2/48, respectively. As to the real estate listed in the separate sheet No. 3 (hereinafter “third land”), the Plaintiff C and the Deceased shared by the respective shares of 3/48, the Plaintiff D, E, and F in the separate sheet No. 2/48.

Attached Form

The 3/4 shares of each real estate listed in the list (hereinafter “each land of this case”) (the remaining shares except the shares of the plaintiffs and the deceased) were owned by I.

B. Around March 2005, Defendant G was permitted to newly construct a factory on the lease of each of the instant land from the Plaintiffs, the Deceased, and I (hereinafter “instant lease agreement”).

C. Defendant G newly constructed a factory on the land of the fourth (hereinafter “instant factory”), and completed registration of ownership preservation on May 6, 2005 with respect to the instant factory in its name. D.

I on December 28, 2006, sold 3/4 shares of each land of this case owned by the Defendant Company, and completed the registration of ownership transfer on December 29, 2006.

E. On October 20, 2014, the Deceased sold to Plaintiff F the respective 3/48 shares of land Nos. 1, 2, and 4 that he/she owns, and completed the registration of ownership transfer on November 6, 2014.

F. The Deceased died on November 7, 2014 while the instant lawsuit was pending, and the Plaintiff C, D, E, and F, a child, jointly inherited the deceased’s property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, 9, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Although the plaintiffs alleged that they own shares in each of the instant lands, without permission, Defendant G occupies and uses each of the instant lands, and Defendant G occupies and uses each of the instant lands.

Therefore, each part of the instant land is without any legal ground.

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