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(영문) 서울북부지방법원 2018.04.05 2016가합22947

부당이득금 반환 청구의 소

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1. The Defendant: KRW 37,266,66 of each of the Plaintiffs, and KRW 5% per annum from July 8, 2016 to April 5, 2018; and

Reasons

1. Basic facts

A. The relevant Plaintiffs and the Defendant are children of the network D (the deceased on June 8, 2014, hereinafter “the deceased”) and there are the Plaintiffs, the Defendants, E, F, and G as the inheritor of the deceased.

B. The inheritance relation 1) E filed a claim against the remaining inheritors of the deceased for the adjudication on division of inherited property No. 2014Dhap10012, and the Plaintiff A filed a claim for the adjudication on the contributory portion under the said court’s 2015Dhap1008. The above court dismissed Plaintiff A’s claim for the contributory portion on September 24, 2015, and rendered an adjudication on the division of real property owned by the deceased by his heir at the time of his death (hereinafter “instant adjudication on division of inherited property”). The court held that each of the real property owned by the deceased at the time of his death is divided into one-six shares by the deceased’s heir at each

(2) Accordingly, on March 29, 2016, the Plaintiffs, the Defendants, E, F, and G completed the registration of transfer of ownership based on inheritance, among each of the real estate listed in the separate sheet owned by the Deceased (hereinafter “each of the instant real estate”) on March 29, 2016.

C. 1) Meanwhile, from July 2009 to April 2012, the Deceased entered into a lease agreement with the Plaintiff, and from May 2012 to May 2012, the Defendant entered into a lease agreement with the Defendant regarding each of the instant real estate. 2) According to such management situation, a lease agreement was concluded with the lessee I for the part of the first floor of the real estate listed in the separate sheet No. 1 (hereinafter “H building”) and with the lessee J for the third floor of the third floor of the real estate listed in the separate sheet No. 2 (hereinafter “K building”), and each lease agreement was concluded with the lessee for the third floor of the other and the other part of the real estate listed in the separate sheet No. 3 (hereinafter “N building”). The lease agreement was concluded with the lessee for the real estate listed in the separate sheet No. 3 (hereinafter “N building”).

3. The deceased shall be dead according to each of the above lease agreements.