beta
(영문) 서울중앙지방법원 2019.11.07 2019가합504359

부당이득금

Text

1. The Defendant: (a) KRW 81,370,515 to Plaintiff A; (b) KRW 63,856,902 to Plaintiff B; and (c) from July 19, 2019 to November 2019 to each of them.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children born between the network D and the network E.

B. Each real estate listed in the separate sheet No. 1 (hereinafter “instant land”) and each of the instant building No. 1” in the separate sheet No. 1 (hereinafter “instant building”) were owned D, and upon D’s death on June 22, 2011, E inherited each of 3/9 shares, the Plaintiffs and the Defendant, 2/9 shares, respectively. After E died on November 26, 2012, E bequeathed all of the said shares to the Defendant.

C. Each real estate listed in the separate sheet No. 2 of the attached list No. 1 (hereinafter “instant land”) and the building No. 2 of this case were owned by E, and E died and bequeathed all the said real estate to the Defendant.

After the death of E, the Defendant managed the first and second buildings of this case (hereinafter “each of the buildings of this case”) and received direct payment from lessees for the renewal of the lease contract with the lessee.

E. The plaintiffs filed a lawsuit against the defendant for the implementation of the procedure for ownership transfer registration due to the return of legal reserve of inheritance (Seoul High Court Decision 2015Na202451, Seoul High Court 2015Na2073522), and as a result, the plaintiff Gap stated the following as follows: 561,226,173/26,826, 126, 230 shares of the plaintiff Gap's 1 and 1 building among the 3/9 shares of the land No. 1 and 1 building of this case; 561,26,173/26, 826, 230, 230 shares of the third and 3/9 shares of the third and 1 building of this case; 206/2781, 206, 2781, 2616/278, 207.61 shares of this case; 206/167.67, 27.27