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(영문) 서울동부지방법원 2018.04.27 2016가단10736
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are the deceased C’s children (Death on January 7, 2014), and there are D and the deceased’s heir as the deceased’s spouse, and the Plaintiff, the Defendant, the E and F.

B. At the time of the deceased’s death, the deceased owned each real estate listed in the separate sheet (hereinafter “instant real estate”) and on September 9, 2015, the ownership transfer registration was completed to D with shares of 3/11, the Plaintiff, Defendant, E, and F as shares of 2/11, respectively, on the ground of inheritance as of January 7, 2014.

C. On September 10, 2015, the Plaintiff donated 2/11 shares of the said real estate inherited by the Plaintiff to G, and on September 18, 2015, the Plaintiff completed the registration of transfer of the said shares.

The remaining successors of the deceased except the plaintiff (the defendant, D, E, and F) filed a claim for the adjudication on the division of inherited property with the Seoul Family Court 2015 D, E, and F as the other party of the plaintiff.

On January 4, 2016, the above court rendered a judgment that the share 2/11 of the instant real estate owned by the Deceased at the time of his death is deemed to have been paid in advance by the Plaintiff. The remaining share 9/11 is owned by D 3/7 shares, E, and F, 2/7 shares, and the other two real estate, which are the other inherited property, are owned by the Defendant alone, and the deposit claim is divided into possession by D, and the deposit claim is divided into sole ownership by D, but the Defendant is divided into 376,164,223 won, E, and F, each of which is 512,948,215 won, and the Plaintiff is divided into KRW 617,690,557.

(hereinafter “instant case’s inherited property division judgment”). E.

The lessee holding the real property of this case is KRW 10,00,000, monthly rent of KRW 600,000, and KRW 100,000, and KRW 30,000, KRW 30,000, KRW 100, KRW 210,000, KRW 200, KRW 200, and KRW 1,000, KRW 20,000, KRW 1,000.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-2, Eul evidence 1-1-2, Eul evidence 1-2, and all pleadings.

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