(영문) 부산지방법원 2018.05.30 2015가합1386

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(영문) 부산지방법원 2018.05.30 2015가합1386

부당이득금 반환등

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1. The Defendant’s KRW 310,267,916 as well as the Plaintiff’s KRW 6% per annum from March 31, 2016 to May 30, 2018.

Reasons

1. Facts of recognition;

A. The status of the parties is that the Plaintiff, the Defendant, CD, and E are born between the network F and the network G.

B. Change in the ownership of the instant building 1) On May 28, 2010, as the network G and the Plaintiff, the Defendant, C, D, and E died on May 28, 2010, buildings listed in the separate sheet owned by the networkF (hereinafter “instant building”).

(2) On November 25, 2011, the Plaintiff, Defendant, D, and E inherited shares (3/13) of the instant building in which the Plaintiff, Defendant, Defendant, D, and E agreed to inherit each 0.75/13 of the instant building, and the Plaintiff, Defendant, D, and E completed the registration of ownership transfer on April 24, 201, based on the agreement on the said share of inheritance.

3) Thereafter, on August 7, 2013, the Plaintiff completed the registration of ownership transfer on June 15, 2013 with respect to the portion of 0.83/13 of the instant building, which is part of its own shares, among the instant building, for sale and purchase on June 15, 2013. 4) E completed the registration of ownership transfer on October 27, 2014 with respect to the portion of 0.33/13 of the instant building, which is part of its own shares, for sale and purchase on October 24, 2014.

C. 1) The Plaintiff, the Defendant, C, D, and E registered a real estate rental business under the trade name of “H” and had the Defendant manage the instant building. (2) The Defendant received rent, etc. from the lessee of the instant building, except 356.51m2 (hereinafter “the instant underground floor part”), among the first floor of the instant building, from May 28, 2010 to March 31, 2016, on which the Plaintiff, the Defendant, C, D, and E received a payment of rent, etc. from the lessee of the instant building, but did not distribute the profits therefrom to other siblings according to their respective co-ownership.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings.

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