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Reasons
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(영문) 서울중앙지방법원 2014.08.28 2013가합27744
부당이득금반환
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1. The Plaintiff:

A. Defendant B: ① KRW 139,442,70, and 5% per annum from July 25, 2014 to August 28, 2014;

Reasons

1. Basic facts

A. On July 10, 1978, the Plaintiff (the former name was F) donated 39.18/461.4 shares of the land listed in the separate sheet No. 1 (hereinafter “instant land”) from G on July 10, 197, and completed the registration of ownership transfer on August 22, 1978.

Luxembourg completed the registration of ownership transfer on the ground of termination of trust as of June 27, 1996, with respect to the portion of 58.78/461.4 shares out of the instant land on June 29, 1996, and died on May 10, 201.

On February 8, 2012, the Plaintiff completed the registration of ownership transfer due to inheritance due to the division in consultation on May 10, 201 with respect to the above 58.78/461.4 shares on February 8, 201.

Consolidatedly, the Plaintiff owns 97.968 (=39.188.78)/461.4 shares in the land of this case.

B. On December 5, 1980, the ownership relation of a building was built on the instant land and the registration of ownership preservation was completed (hereinafter “instant building”), G or the Plaintiff, a share holder of land, has not been registered as the owner of the building from that time to that time.

Of the instant buildings, the ownership relationship of the buildings listed in attached Forms 2 through 8 of the list is as follows.

(1) Defendant B owned 1/2 shares of each of the buildings listed in [Attachment List 3 through 6 and 8 (the first floor, 3, 4, 5, and 3). On October 21, 1999, Defendant B completed the registration of ownership transfer based on the partition of co-owned property as to the remaining shares, and thereafter owned all shares of each of the above buildings.

The Defendant C owned the entire shares of the buildings (basement) listed in [Attachment List No. 2] from October 21, 1999, and completed the registration of ownership transfer due to the sale in Defendant D on February 21, 2008.

Defendant E completed the registration of ownership transfer due to sale on June 15, 2006 as to buildings (second floor) listed in [Attachment List No. 7].

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, entry in Gap evidence 1 and 2 (including the paper number), the purport of the whole pleadings

2. The occurrence of a claim for restitution of unjust enrichment.

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