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(영문) 서울중앙지방법원 2018.08.29 2016가합545861

부당이득반환

Text

1. The Plaintiff (Counterclaim Defendant)’s annual interest in KRW 162,776,752 against the Defendant and the period from January 13, 2018 to August 29, 2018.

Reasons

The principal lawsuit and counterclaim shall be deemed to be a same.

Basic Facts

At the time of the deceased’s death, D (hereinafter “the deceased”) died on April 30, 2007. The deceased’s heir, who is the spouse, Plaintiff A, E, F, Defendant F, G, Plaintiff B, and D (hereinafter “the deceased’s heir”) who was the spouse of the deceased in 196, i, children, J, K, and L (hereinafter “the deceased’s heir”) who was the spouse of the deceased in 196. The deceased’s heir, who was the spouse of the deceased in 196, was the deceased’s husband, children, J, K, and D (hereinafter “the deceased’s heir”), and the deceased’s heir and his substitute heir, who were co-inheritors.

At the time of the deceased’s death, there were 21 real estate (hereinafter “real estate in the name of the deceased”) including the area of 91 square meters and 14 real estate (hereinafter “H real estate share”) in the name of the deceased, including the area of 849.9 square meters and the area of 14 real estate (hereinafter “real estate share in the name of the deceased”).

On March 22, 1999, the Seoul High Court case No. 98Na53030 (99s2293) between the Deceased and Dics (9s293) held that “The deceased left the title of real estate in H’s name as it is, until December 31, 2009, he/she shall use and benefit from the above real estate shares, and he/she shall pay a certain amount of monthly living expenses to ordinarys. The deceased transferred each of the above real estate shares to ordinary successors on December 31, 2009.”

On November 10, 2007, Plaintiff A, F, G, Defendant, and Plaintiff B (hereinafter “Plaintiff A et al.”) agreed on the time of payment of inheritance tax by co-inheritors’s cooperation to minimize the burden of additional tax until the split-off of inherited property and the ownership in H’s name until the split-off of inherited property of the Deceased was completed.

(hereinafter “First Agreement”). The title title title title title H.