beta
(영문) 서울고등법원 2019.09.04 2017나2069046

부당이득금

Text

1. The judgment of the first instance court, including the plaintiffs' claims extended by this court, shall be modified as follows:

Reasons

The relationship E had three children G, Plaintiff A, and Defendant 3 between F (Death on October 13, 2009), and died on October 31, 2011.

On the other hand, G married with H on March 18, 1971 and divorced on February 4, 1976, and died on September 15, 1983.

B Before the death of E in relation to the inheritance of each of the instant real estate, the buildings listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”) were owned by E, Plaintiffs, and Defendant in proportion to 1/5 shares, ② the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”) in the attached Table No. 4/10, Plaintiff C3/10, respectively, and ③ the land listed in paragraph (3) of the attached Table No. 3 of the attached Table No. 2 (hereinafter “instant land”) were jointly owned by E, Plaintiff B, C, and Defendant in proportion to 1/4 shares, respectively.

(hereinafter referred to as “each of the instant real property”). After the death of E, Plaintiff A filed a petition for adjudication on the division of inherited property against Plaintiff B, C, and Defendant.

On May 16, 2016, Seoul High Court decided that E’s shares in each of the instant real estates A were divided into the shares of the Plaintiff A 4,647/10,00, the shares of the Defendant 1,446/10,00, the shares of Plaintiff B 1,656/10,00 shares, and the shares of Plaintiff C 2,251/10,000 shares (Seoul High Court 2014B6), and the said decision was finalized on June 4, 2016.

The plaintiffs and the defendant's final share ratio regarding each real estate of this case are as follows.

A) 0.2: (A) x (A) 0.2 0.2 x 0.467 x 0.2 0.2 x 0.20.2 x 0.56 x 0.2 x 0.162 x 0.20: 0.0312 x 0.20.20 x 0.251 x 0.251 = 0.0402 0.24502 0.202 0.2 x 0.146 x 0.146 x 0.2 x 0.2892 / 2892 / 146 x 0.46 x 0.3 x 8.48.6 x 8.45 x 205 x 8.65 x 8.45 x 2005 x 5.65 x 14.6.28.284