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(영문) 의정부지방법원 2017.12.06 2016가단39286

부당이득금반환

Text

1. The counterclaim Defendant: 6,332,550 won to the counterclaim and 5% per annum from January 10, 2017 to December 6, 2017.

Reasons

1. Determination on the cause of the counterclaim

A. On July 11, 2008, the registration of ownership transfer was completed on each real estate listed in the separate sheet of the facts recognized (hereinafter collectively referred to as “instant real estate”).

C died on March 10, 2009, and C’s children, including D and Counterclaim, jointly succeeded to the above network C on the same day.

On May 8, 2015, the children of the network C were D/4 shares out of the instant real estate on May 8, 2015, and the remaining 1/4 shares are owned by the Lessee, and the co-owned property partition agreement is concluded, and inheritance registration is completed according to the above division agreement.

D died on May 10, 2016, and the counter defendant and his children, who are the spouse of D, jointly inherited the network D on the same day.

On July 7, 2016, the counterclaim Defendant completed the registration of ownership transfer on the 3/4 shares out of the instant real estate due to the partition of co-owned property.

After C’s death, D, after D’s death, the counterclaim Defendant occupied and used each of the instant real estate solely, and during the above period, the Plaintiff leased part of the instant real estate to the lessee indicated below, thereby obtaining a total of KRW 26,843,00,00.

(The details of self-tax revenue are as listed below). The tenant's annual revenue revenue amount of KRW 1 E 15,306,000 2 G 3 G 2,747,000 KRW 4 H 2,200,000 KRW 5 J 5 12,790,000 KRW 1,790,000 KRW 6,000 KRW 26,843,00 KRW 6,790 KRW 6,000 KRW 5 J 1,790,00 KRW 1,00 KRW 1,33 of evidence No. 1, this Court's national bank, our bank, and the purport of the entire pleadings, response following each order to submit financial transaction information to the new bank, and the purport of the entire pleadings.

B. According to the above findings of the determination, it is reasonable to view that D and the counterclaim Defendant acquired the instant real estate without any legal cause, at least KRW 6,710,750, which is the amount equivalent to 1/4 of the shares of the counterclaim Plaintiff, out of KRW 26,843,00, which was acquired by leasing the instant real estate after C’s death (=total amount of rent revenue KRW 26,843,00 x 1/4 shares). Thus, it is unjust enrichment.