(영문) 전주지방법원 2019.10.10 2019나1131 | 리걸엔진

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(영문) 전주지방법원 2019.10.10 2019나1131

부당이득금반환

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall each be against plaintiffs A and B 712,100 won, plaintiffs C, D, and E.

Reasons

1. Facts of recognition;

A. The deceased G (hereinafter “the deceased”) married with the deceased H and had Plaintiff C, D, E, Defendant, and the network I as his child.

The deceased I married with J and died on March 24, 1999 after he divorced from J on June 10, 1998.

B. Around September 22, 2012, the deceased H continued to live an affected family life on December 7, 2013 and died on the deceased on December 7, 2013. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that was active property at the time of the deceased H’s death (hereinafter “the instant real estate”) was transferred to the deceased on November 18, 2014 by agreement and division for inheritance by agreement.

C. From January 201, 201 to June 17, 2015, the Deceased received outpatient and hospitalized treatment for dementia, etc.

The Defendant supported the deceased and H and the deceased while living together with the deceased in the instant 2 and 3 real estate, and continued to attend the hospital for a period of time during which the deceased and the deceased were hospitalized.

E. Meanwhile, the deceased leased the instant Real Estate No. 1 to a third party before birth. After the deceased H’s death, the Defendant received KRW 7,121,00,00 in the rent for the instant Real Estate No. 1 on November 18, 2014; and KRW 1,700,000 on November 26, 2015; KRW 1,625,000 on November 28, 2016; and KRW 7,121,00 in the aggregate of KRW 1,85,00 on November 29, 2017 (hereinafter “the instant rent”).

F. On June 27, 2017, the Plaintiffs filed a claim against the Defendant for the division of inherited property as Jeonju District Court Branch Branching 2016Rahap505, and divided each of the instant real property into shares of 1/10, the Plaintiffs, C, D, E, and the Defendant, with each of the respective shares of 2/10. The said judgment became final and conclusive on July 23, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5, 6, 9, 10 evidence shall include the number, hereinafter.

유사 판례

-전주지방법원정읍지원 2019.01.08 2018가단10058

-청주지방법원제천지원 2019.06.13 2018가합10121

-서울중앙지방법원 2017.07.12 2016가단5094927

-서울고등법원 2017.03.09 2016나2056692

-광주지방법원 2019.07.18 2017가단529927