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(영문) 대구지방법원포항지원 2011.11.25 2009가단1939

손해배상(기)

Text

1. The Defendants shall jointly and severally pay to each of the Plaintiffs KRW 612,788 and its payment from October 1, 201.

Reasons

1. Basic facts

A. The deceased M (hereinafter “the deceased”) died on March 1, 2008, and the Plaintiffs and the Defendants inherited the deceased’s property. The inheritance shares of the Defendant J, the deceased’s spouse, are 25 percent, and the inheritance shares of the Plaintiffs, the children of the deceased, the Defendant K, and the Defendant L are 2/25, respectively.

B. Each real estate listed in the separate sheet (1) is the property inherited from the deceased according to the respective inheritance shares of the Plaintiffs and the Defendants.

[Attachment 1] The “N land, N building,O land, O building, P land, and P building” shall be indicated as “N land, N building, O building, P building,” as indicated in each paragraph of paragraph (1). [The grounds for recognition: the absence of dispute; the purport of the entire entries and arguments in Evidence A No. 1-4, and 6 through 7]

2. Judgment on the ground of the Plaintiff’s claim

A. In light of the legal doctrine as seen below, the profits accrued from the inherited property after the death of the inheritee accrue to the co-inheritors by the negligence of the inherited property and by the inheritance share. In the event that some of the co-inheritors exclusively use and gain profit from each real estate listed in the attached Form (1), which is the inherited property, acquired the negligence, the remaining co-inheritors are obligated to return the profits equivalent to each inheritance share or the amount of profit equivalent to each inheritance share, and where there are many inheritors who jointly acquired the above profits, they are liable to jointly and severally pay for the return obligation as

B. The Plaintiffs asserted that, during the period from March 2, 2008 to September 2, 2011, the date following the death of the deceased, the Defendants received monthly rent of KRW 21,00,000 ( KRW 42 months x 50,000) in total from Q, the lessee of the underground floor, and that the Defendants are obligated to return the amount equivalent to the Plaintiffs’ share in the said money as unjust enrichment.

According to the records in Gap evidence No. 2-8, the deceased specified the above underground floor as KRW 15,00,000 and monthly rent as KRW 500,000 on October 13, 2003.