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(영문) 대전지방법원천안지원 2020.11.25 2019가단6580

부당이득반환 등

Text

1. The defendant shall pay to the plaintiff A 3,225,90 won, the plaintiff B, and C 2,150,574 won, and each of the above amounts. < Amended by Presidential Decree No. 21357, Jul. 15, 2020>

Reasons

1. Basic facts

A. The non-party E (the death of September 26, 1984), the defendant, the F, the non-party G (the death of October 12, 1999), the non-party H (the death of April 2, 1993) and the non-party I (the death of October 4, 1989) are children of the deceased J (the deceased of February 16, 198), and the plaintiff A is the deceased H's wife, the plaintiff B and C are the children of the deceased H, and the plaintiffs are the successors of the deceased H.

B. With respect to the land of 2,172 square meters (hereinafter “the land of this case”), 2,89 square meters (hereinafter “the land of this case 2”), 2,89 square meters (hereinafter “the land of this case”) prior to Dong-gu, Chungcheongnam-gu, Incheon-si, Yan-si, and 1,474 square meters (hereinafter “third land of this case”) prior to Dong-gu, Yan-si, Yan-si, Yan-si, Yan-si, YY-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, Y-si, 20, 40, 50, 97, 290, 30, 40, 97, 298, 294, 298

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 4 (including virtual number), and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the Defendant received KRW 2.4 million each year from Nonparty N with the rent for each of the instant lands from around 2009. As such, the Defendant shall return to the Plaintiffs the amount equivalent to the Plaintiffs’ share out of the rent from the year 2010 to the year 2019, which was received from N, to the year 2019.

B. Co-owners of land 1 shall use and benefit from the entire land at their respective shares ratio.