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(영문) 인천지방법원부천지원 2019.05.22 2018가단8769

부당이득반환

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs and the Defendants died in March 2012 as F’s co-inheritors.

(hereinafter referred to as “the deceased”). B.

Around February 23, 2011, the Deceased purchased a commercial building located in Nam-gu Incheon Metropolitan City G (hereinafter “instant real estate”) and concluded a sales contract under H’s name and completed the registration of ownership transfer under H’s name. The purchase price and expenses incurred by the Deceased to acquire the said real estate are KRW 398,042,746 in total. After the Deceased’s death, the Plaintiffs and the Defendants paid property tax of KRW 5,024,937,910 and management expenses of KRW 10,937,910 in lieu of H.

C. On November 13, 2013, the Plaintiffs and the Defendants filed a lawsuit against H against H seeking return of unjust enrichment of KRW 414,005,596, total acquisition cost and management cost of real estate paid as above (In Incheon District Court Branch Decision 2013Gahap9290). On September 3, 2014, the said court rendered a final judgment of 112,910,616 won to Appoint (the instant Defendant) and Selection (Appointed Party) and C (Defendant in this case), D (Defendant in this case), and B (Plaintiff in this case), and each of the above money in this case by 75,273,744, and 205 (Seoul High Court Decision 2015Da47575, Nov. 23, 2013). However, the lower court rendered a final judgment of 2015Da7275167, Jul. 27, 2014 (Seoul High Court Decision 2015Da75475475, respectively).

(hereinafter “instant final judgment”) d.

On the other hand, with respect to the instant real estate, I completed the registration of the establishment of a neighboring mortgage on November 1, 2013, the maximum debt amount of KRW 250,000,000, and the debtor H on September 9, 2015, the J completed the registration of the establishment of a neighboring mortgage on September 9, 2015, and the debtor H on October 31, 2013, and KK completed the registration of the establishment of a neighboring mortgage on October 156, 200.