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(영문) 인천지방법원 2015.06.18 2014가단45446
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. On March 7, 1989, the network E acquired the ownership of the F site in Seocheon-gu, Seocheon-gu and its ground brickd slves 2nd floor.

(hereinafter “instant real estate”). (b)

The deceased on August 21, 1993, the deceased on August 21, 1993, and the heir was born between G, network E and G, a legal spouse, and between the plaintiffs, network E and Defendant D.

C. With respect to the instant real estate on August 21, 1993, on September 21, 1998, the registration of transfer of ownership pursuant to the inheritance shares in the name of G, the plaintiffs, and H on September 21, 1998, on October 12, 1998 due to the sale on September 21, 1998, the registration of transfer of ownership in the name of Defendant D was completed on October 13, 2006 due to the sale on August 7, 2006.

Defendant C, as a mother of the plaintiffs, raised the plaintiffs at his own house from the time of death of the deceased E to the time of 2006.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion 1) When the ownership of the instant real estate is transferred to Defendant D, the Defendants agreed to pay the amount equivalent to the inheritance share to the Plaintiffs when the ownership of the instant real estate becomes an adult, or when selling the instant real estate, and Defendant D sold the instant real estate to Defendant D in KRW 20 million to the Plaintiffs. Accordingly, Defendant C has a duty to pay the Plaintiffs KRW 48 million each, and Defendant C has a duty to pay KRW 40 million each, in collaboration with Defendant D, and Defendant C has a duty to jointly pay KRW 48 million each. 2) Since G disposes of the instant real estate inherited jointly with the Plaintiffs without the appointment of a special representative, its disposal is null and void.

Defendant D is obligated to implement the procedure for registration of cancellation of ownership transfer registration with respect to shares in inheritance among the instant real estate, but since the said real estate was sold to I, it is impossible to implement the procedure, Defendant D is obligated to pay the amount equivalent to the Plaintiffs’ shares in inheritance as damages.

3 Defendant C is deceased.

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