부당이득금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The reasoning for this court’s explanation is as stated in the corresponding part of the judgment of the court of first instance, including attached Tables 1 and 2, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. (1) The plaintiff asserts that the plaintiff owned 1/2 shares of the real estate of this case retroactively from the date of death of the deceased, according to the division judgment of this case, the amount equivalent to 1/2 of the rent of this case, which is the legal negligence, was owned by the plaintiff. Since the defendant received the above money, the defendant is obligated to return the above money to the plaintiff with unjust enrichment. However, considering the defendant's deduction of expenses, the plaintiff claimed 600,000 won out of the above money.
In the instant case of subdivision, the Defendant did not include the instant rent in the object of subdivision, and the instant rent is a public property acquired by the inheritors according to their inheritance shares, and the Plaintiff is entitled only to the amount equivalent to 2/13 of the inheritance shares. Moreover, the Defendant asserts that, as the Defendant received the instant rent, etc. as a business management and disbursed the taxes on inherited property, the interest on loans, and the expenses incurred in D’s living expenses and hospital expenses, etc., the Defendant did not have any unlawful profits, and that the Plaintiff must prove the Defendant’s unjust enrichment by settling accounts including all inheritors and inherited property.
(2) (A) Determination of the Plaintiff’s share of the instant rent is not the inherited property itself, but the statutory negligence derived from the inherited property after the commencement of the inheritance. According to Article 102 of the Civil Act, statutory negligence can be collected by a person who is capable of receiving such statutory negligence.
In the event of commencement of inheritance, the legal negligence is jointly owned by the co-inheritors until a judgment on division of the inherited property becomes final and conclusive, but the judgment on division of the inherited property becomes final and conclusive after the judgment on the inherited property.