부당이득금반환 등
1. The judgment of the first instance, including the principal claim and counterclaim claim expanded by this court, shall be modified as follows.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) The Plaintiff, the Defendant, and C: (a) each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned by the network AL, which was put between the siblingss; and (b) the buildings listed in Paragraph (4) of the same list are “the instant building”.
On October 26, 1995, the Plaintiff completed the registration of ownership transfer at the ratio of 1/3 shares, respectively, on December 7, 1995 due to inheritance by consultation division. 2) On July 19, 200, the Plaintiff completed the registration of ownership transfer due to sale on June 21, 200 and February 20, 2003, the registration of ownership transfer for 2/9 shares out of the ownership was completed on January 6, 2003, and D completed the registration of ownership transfer for 2/9 shares due to sale on March 19, 204 (2/9) on March 19, 2014.
3. Accordingly, the changes in the ownership of the building of this case shall be as follows:
The term equity right holder shares from October 26, 1995 to July 18, 200, Plaintiffs 3/9 C/9 C/9 C/9 on July 19, 200 to February 19, 203, Plaintiffs 6/9 from February 20, 2003 to March 18, 2014, Plaintiffs 4/9/D 2/9 as of March 19, 2014 to March 19, 2014
B. Since October 26, 1995, when the management network AL of the instant building died, the Plaintiff and the Defendant’s mother-friendly MaE managed the instant building. Since around 2002, as the network AE’s health has deteriorated, the Plaintiff managed the instant building since that time, and from April 2014, the Defendant managed the instant building.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1-4, and the purport of whole pleading
2. Summary of the parties’ assertion
A. Plaintiff 1) Since around April 2014, the Defendant received KRW 422,331,00 in total as rent while managing the instant building from around April 201, the Defendant received KRW 422,331,00, whichever is KRW 187,702,666 on the calculation of KRW 234,610,00, which is equivalent to the Plaintiff’s share (4/9) (= KRW 422,31,000).