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(영문) 서울중앙지방법원 2016.06.28 2015가합551821

부당이득금

Text

1. The defendant is against the plaintiffs:

A. (Attachment 2) Of the “B” list of the calculation details of unjust enrichment, the “unlawful enrichment equivalent to the rent” is included.

Reasons

1. Facts of recognition;

A. The instant land was originally natural forest and owned H (3,282/6,390 of shares) and I (3,108/6,390 of shares). On April 23, 1970, J completed the registration of ownership transfer for reasons of sale on April 3, 1970 with respect to 1,300/6,390 of shares in the instant land, and on February 12, 1973, the Defendant completed the registration of ownership transfer for 1,808/6,390 of shares in the instant land on December 6, 1972.

① Inheritances of co-inheritors and inheritances due to H death (Death on September 10, 1974) 2. (3) Inheritances due to K death (Death on November 6, 2006) ③ Inheritances due to L death and co-inheritors’s inheritances (Death on October 16, 2013) 2/17-- - Inheritances of co-inheritors’ inheritance inherited in proportion to their respective shares of co-inheritors in the instant land according to the ratio of the Plaintiffs’ respective shares of inheritance 6/17, 1/34, D 39/238 39/2388/23898/1520, F 26/238238/23820, B36/15208/238/236/238/238/238/238/238/26/2832/36/1636/1637/1638/27/16/17 of Plaintiff 27/1636/7/7/10

B. On September 10, 1974, H: (a) died on September 10, 1974 and jointly succeeded to H’s property according to the ratio of H’s share of inheritance as indicated in the table 1 below; (b) L, Plaintiff A, B, and C died on November 6, 2006, and L died on October 16, 201, and jointly succeeded to the same share of inheritance as indicated in the table 2 below; and (c) Plaintiff D, Plaintiff F, his spouse, Plaintiff F, and E, their children, respectively, jointly succeeded to the same share of inheritance as indicated in the table 3 below.

Therefore, the plaintiffs' shares in each share of inheritance and the land of this case calculated according thereto are stated as follows: < Amended by Presidential Decree No. 20190, Dec. 1, 201>