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(영문) 수원지방법원 2019.04.04 2018나71335

부당이득금

Text

1. Of the judgment of the first instance on the principal lawsuit, the land of 492 square meters in Gwangju City from November 10, 2012 to May 13, 2015.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, except where "the plaintiff" is deemed "the defendant" among the grounds of the judgment of the court of first instance. Thus, it shall be changed as it is.

A. The relationship between the parties and the deceased’s legal share of inheritance (hereinafter “the deceased”) established the Defendant (mama, 1949), G (M, 1956), H (M, 1958), I (M, 1960), the Plaintiff (ma, 1967), J (ma, 1967), and K (ma, after the deceased’s mother’s death) with his spouse on January 12, 199. As the deceased died on January 12, 199, the children of the deceased and the deceased, including the Plaintiff and the Defendant, inherited their respective shares of 2/15 and 3/15 shares of 3/15 shares of the deceased, respectively, by law.

B. In the case of Gwangju Special Metropolitan City’s share in inheritance based on the contributory portion, C 492 square meters, G, H, I, Plaintiff, and J (hereinafter “Plaintiff”) filed a claim against the Defendant and K for an adjudication on the division of inherited property with the head of Suwon District Court Branch of 2011Mohap219, the Defendant filed a claim for the adjudication on the division of inherited property with the Plaintiff’s side and KK as the contributory Court Decision 2011Mo210,000,000,0000 for a single-story 164 square meters (unregistered) for a multi-story block block structure, 180 square meters, and a single-story 160 square meters (unregistered) for a multi-story block structure, a single-story structure, and a block structure 160 square meters (unregistered) at the time of Gwangju Special Metropolitan City’s farmland at the time of Gwangju Special Metropolitan City’s share in inheritance based on the contributory portion, and the Defendant filed a final appeal against the Plaintiff’s side and K as the same court (Seoul High Court).

According to the above final decision, the defendant's apportionment ratio of the deceased's inherited property is 10%, and the actual inheritance share of the plaintiff's side with respect to real estate after the property was re-determined is 946,041,377/7,278,835,400, respectively, and the defendant's actual inheritance share is 1,364,839,250/7,278,835,400.

C. The Plaintiff’s claim for return of unjust enrichment against the Defendant (1) the Sungwon District Court Branch 201Gahap12688, 201Gahap12695 (Counterclaim).