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인천지방법원부천지원 2015.05.13 2014가합4445

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 5, 2006, the Plaintiff and the Defendant filed a principal lawsuit against C, the Defendant’s mother, and the Plaintiff and D, the Defendant’s siblingsed as the Defendant’s sibling, as Incheon District Court Branch Branch Office 2006Gahap4907, and on June 14, 2007, the Plaintiff and C filed a counterclaim against the Defendant for the claim for reimbursement, etc. under the Incheon District Court Branch Office 2007Gahap3895.

prescribed provisions

1. The defendant renounces the principal claim, and the plaintiff and C waives the counterclaim claim.

2. The Plaintiff manages the instant building owned by C until the time of death of C, and continuously supports C with the rent accrued from the instant building.

3. Upon death of C, the Defendant shall pay 80,000,000 won to the Plaintiff, and the Plaintiff and D shall complete the registration of ownership transfer with respect to their respective shares in inheritance on the instant building (the Plaintiff shall receive KRW 80,00,000 and transfer the shares in inheritance on the instant building to the Defendant, without any condition, while transferring the shares in inheritance on the instant building to the Defendant). 4. At the time of the instant conciliation, it is confirmed that the total amount of lease on the instant building at the time of the instant conciliation is KRW 80,00,000,000, and the Defendant shall take over the entire lease deposit at the time of death of C, and if the amount of lease deposit increases above KRW 80,000,00,000, the increased amount shall be liable for return to the Plaintiff.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

2) On July 23, 2007, the mediation date for the claim for reimbursement was established between the Plaintiff, the Defendant, C, and D as follows (hereinafter “instant mediation”).

B. B. B. B. Death of C and the Defendant’s registration of ownership transfer on the instant building (1) died on December 18, 2010, and the Plaintiff filed a report on March 3, 201 with Seoul Family Court 201Mo2007, and filed the said report on May 20, 201.