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(영문) 서울남부지방법원 2012.08.21 2011가합23065

손해배상(기)

Text

1. The Defendant’s KRW 160,767,270 for the Plaintiff and KRW 5% per annum from January 18, 2011 to August 21, 2012.

Reasons

1. Basic facts

A. C owned a hospital building on the ground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the part of the building was incorporated into the road around 1976, and the building was down on the same ground and the three-story business use building and the building on the same ground (hereinafter “instant building”).

B. On June 26, 1979, the Plaintiff and the Defendant, as C’s children, completed the registration of ownership transfer of one half of each of the instant buildings due to the gift dated June 15, 1979.

C. C was killed on June 13, 1998, and C’s wife E also died on or around September 1998, and the F, G, Plaintiff, Defendant, H, I, and F and E, a child between C and E (hereinafter “joint heir”) inherited C’s property.

From 1999 to 2010, the Defendant acquired a total of KRW 459,400,000 as indicated in the following list as rental profit of the instant building from 2001 to 2010.

Each half-yearly rent of time is the amount calculated by adding up that the value-added tax is not included.

The first half of the year 2001, the first half of the year 2001, the second half of the year 2006, the 17,300,000 won for the first half of the year 2006, the second half of the year 2001, the 16,800,000 won for the second half of the year 2006, the first half of the year 2007, the 34,200,000 won for the second half of the year 2007, the first half of the year 200, the first half of the year 200, the second half of the year 200, the second half of the year 200, the second half of the year 200, the second half of the year 200, the second half of the year 200, the second half of the year 200, the second half of the year 200, the second half of the year 2004.

2. Summary of the parties’ assertion

A. The Plaintiff and the Defendant respectively share 1/2 of the instant building from C.