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(영문) 서울중앙지방법원 2018.10.19 2017가합513298

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are together with D and E, and the defendant is F's children.

The F died on March 30, 2014

(hereinafter referred to as “F”). (b)

The Deceased, along with the Defendant, shared a building of 910.2 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant land”) and 10 floors above its ground (hereinafter “instant building”).

The deceased and the defendant's co-ownership on the land and building of this case are as follows:

The deceased of the instant building and the deceased of the instant case were the Defendant of 579.6/910.2 330.6/910.21/21/2

C. From November 15, 1987 to H, the deceased and the defendant completed the registration of joint business from November 15, 1987 with their respective shares equal to 50%, and operated a leasing business with each floor space of the building of this case as the leased object (hereinafter “instant leasing business”). D.

As the Deceased died on March 30, 2014, the Plaintiffs, D, and E received legacy each of 1/4 of the shares of the Deceased on the instant land and building.

After legacy, the Plaintiffs, Defendant, D, and E’s co-ownership shares on the instant land and building are as listed in the following table:

The plaintiffs of the instant building, D, E, the plaintiffs, D, and E, each of the defendants 144.9/9/9/910.2 330.6/910.2 each 1/81/2

E. On April 2014, immediately after the death of the deceased, the Defendant operated the instant leasing business as a management act of the instant land and buildings with the majority right holder who obtained D and E’s consent from April 2014. In the event of a profit, the Defendant paid the Defendant 56% of each of 11% to the Plaintiffs, D and E according to the share of the co-owner’s contribution property.

F. On October 28, 2014, the Plaintiffs filed a claim against Defendant, D, and E for partition of co-owned property as to the instant land and building. The first instance court rendered a judgment to sell the instant land and building at auction, and then distribute the remaining amount after deducting auction expenses from the proceeds thereof to the Plaintiffs, Defendant, D, and E in proportion to their co-owned shares.