부당이득금
1. The Defendant (Counterclaim Plaintiff) shall:
A. As to KRW 26,284,351 and the said money for KRW 26,284,066 among Plaintiff A:
B. Plaintiff B, C, and.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 17, 1987, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the ownership transfer registration was completed as to 7/10 shares in the name of the deceased H (hereinafter “the deceased”) and 3/10 shares in the name of the Defendant, the president of the deceased, in the name of the Defendant, who is the south of the deceased.
B. On June 7, 2011, the deceased died, and on March 31, 2011, the deceased prepared a testamentary document stating that the shares of the deceased among each of the instant real estate shall be bequeathed to the plaintiffs and the defendant according to the percentage of statutory inheritance. The deceased’s heir is the wife and the defendant and the plaintiff B, C, D, E, and F, the wife.
C. On September 23, 2011, the deceased’s 7/10 shares of the deceased among each of the instant real estate on September 23, 201, the ownership transfer registration was completed in the name of the plaintiff as to the shares of 21/150, the shares of the defendant, B, C, D, E, and F in the name of the plaintiff, as well as the shares of 14/150 shares in the name of the defendant, B, C, D, E, and F, according to the above testamentary gift. At present, the plaintiff of the instant real estate shares of 14/150 shares in the shares of the plaintiff, B, C, D, E, and F, and the defendant shares of 59/150 shares (=3/10 shares of the shares of 14/150 shares).
Meanwhile, on January 9, 2013, the Defendant’s claim for the division of inherited property and the determination on the contributory portion against the deceased’s property and the deceased’s deposit claims, including each of the instant real estate filed against the Plaintiffs, was dismissed on January 9, 2013 (Seoul High Court Decision 2012Shap9). The Defendant appealed on May 29, 2013, but the appeal was dismissed on May 29, 2013 (Seoul High Court Decision 2013BB17). The said decision became final and conclusive on June 18, 2013, and the judgment was rendered on October 10, 2013 to sell the remaining money calculated by deducting auction expenses from the proceeds thereof to the auction by the Plaintiffs and the Defendant’s share ratio (Seoul High Court Decision 2011Da23690), and the Defendant’s appeal against the said judgment (Seoul High Court Decision 2013Na70318) and (18).