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(영문) 부산지방법원 2018.12.19 2017나53965

구상금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C around October 2, 1980, constructed “G”, which is an aggregate building of the first underground floor and the fourth floor above the ground level on the land level on the land level of Busan Seo-gu D, E, and F, Busan, and sold some of them separately, and the inherited property listed in the separate sheet No. 1 (hereinafter collectively referred to as “the inherited property of this case”).

B. C died on March 11, 2010, and C succeeded to the Plaintiff, I, Defendant, J, K, and L, who are his wife and children.

C. The Plaintiff, H, I, J, and K filed a claim against the Defendant and L for the division of the inherited property with the Busan Family Court Decision 2011Dhap59, 2012Dhap30, and in the instant case, the decision of recommending reconciliation was finalized on October 11, 2013, stating that “The instant inherited property shall be divided into ownership of the shares indicated below,” which read “H, the Plaintiff, J, K,K, and the Defendant shall be divided into ownership of the shares indicated below.”

1) H: 780,543,648/2,287,200,00 equity 2) Plaintiff: 188,784,256/2,287,200,00 equity 3) K: 282,947,232,287,200,00 equity 4) : Defendant 520,362,432/2,287,200,200 equity 5): 520,362,287,200 equity 520,362,287,200 [the fact that there is no dispute over the basis of recognition, Gap evidence 1,23, evidence 33-1 through 10, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The Plaintiff, H, J, and K jointly owned the instant inherited property by the Plaintiff and the Defendant, etc. from November 201, 201 to manage the instant inherited property, including the portion corresponding to the Defendant’s share, and disbursed tax and repair expenses. The Defendant is one of the co-owners of the instant inherited property and bears the obligation to bear management expenses according to the share ratio.

H, J, and K transferred the claim for reimbursement against the Defendant’s share to the Plaintiff.

Therefore, the Plaintiff who received the claim for reimbursement against the Defendant for the instant inherited property, which is jointly owned, may exercise the right to demand reimbursement against the Defendant regarding the management cost equivalent to the share ratio of the Defendant on the grounds of preservation of the jointly owned property and management of affairs.

Defendant.