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(영문) 서울중앙지방법원 2017.07.12 2016가단5094927

부당이득금

Text

1. The Defendants each of KRW 8.93 million to Plaintiff A, KRW 2.323,00 to Plaintiff B, and KRW 5.360,000 to Plaintiff C, respectively.

Reasons

Basic Facts

The parties-related F was married with G on September 19, 1943 and produced the Plaintiff A, his father, son, and divorced from G on March 14, 1950.

F was married with H on August 1, 1954, and between them, the Defendants, who are plaintiffs C and children, who are plaintiffs C and children, who are children, and their children, were born.

Plaintiff

A was married on October 1, 1971; Defendant D was removed from the military register on June 29, 1978; Defendant E was discharged from the military register on December 29, 1983.

The deceased FF died on May 27, 1987.

As a result, the heir and the legal portion of inheritance are as follows: (a) Plaintiff C and the Defendants, who are the spouse of H and the head of the family, are both 6/23; (b) Plaintiff C and I, each of whom are not in the same family register as 4/23; and (c) Plaintiff A and the Defendants, each of whom are 1/23.

At the time of death, Seongdong-gu Seoul, Seongdong-gu Seoul (hereinafter “instant land”) owned a building of 116 square meters, which was inherited by the network H, the Plaintiffs, the Defendants, and I in accordance with the above statutory share of inheritance.

The sole ownership of the instant land and the new construction of the instant building are completed on September 3, 1987 with respect to the instant land on the ground of the same day donation, which was after the death of the networkF.

H, after removing the previous building on the ground of the instant land, newly constructed a multi-household multi-household house (hereinafter “instant building”) on the third floor, and completed registration of initial ownership on July 12, 1996.

H managed some households of the instant building by leasing them and receiving lease deposit, etc.

H When the instant land and the instant building were incorporated into K and redevelopment project was carried out, H had a loan of KRW 230 million from the National Bank to move expenses, and on March 24, 2008, registered the creation of a mortgage over the instant land and the instant building with the maximum debt amount of KRW 276 million in the National Bank.

The net H uses the borrowed moving expenses to return the deposit to the lessee of the building of this case, and 5,950,000 won remaining after the return.