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(영문) 창원지방법원 2016.12.07 2016가합50009
부당이득금
Text

1. The defendant,

A. Plaintiff A: 57,289,537;

B. As to Plaintiff B, C, D, E, and F respectively, KRW 38,193,025 and each of them.

Reasons

Basic Facts

H died on July 20, 2005.

Plaintiff

A is the wife of the deceased H (hereinafter referred to as “the deceased”), and the remaining plaintiffs and the defendant are the children of the deceased.

The Deceased, on June 20, 1997, shall be attached to the Defendant around June 20, 1997.

2. Each real estate entered in the list was donated to the Defendant, and accordingly the registration of ownership transfer for each of the above real estate was completed.

around 200, the deceased prepared and delivered the following certificates to the defendant, and the defendant currently holds the above certificates.

1. A donation certificate (No. 14-2) The principal shall delegate all property to I on his behalf.

/ H/ G//Sgd./ on September 3, 2000, by gift No. 2 (No. 14-3) the text of the Second Gift Certificate (No. 14-3) I/L donate the entire authority to ASEAN.

/ H/ 200 on the other hand, the deceased at the time of his death

1. Each real estate indicated in the list (hereinafter “each of the instant real estate”) was owned.

Since before the death of the deceased, the Defendant continued to use each of the above real estate as farmland by leasing it to J, K, and L as farmland or cultivate it by himself, and has paid taxes related to the above real estate.

On July 2014, the Plaintiffs sought an adjudication on the division of inherited property regarding each of the instant real estate against the Defendant, and in the Changwon District Court 2014Dhap11, the said court rendered a judgment on December 16, 2014, stating that “The Plaintiff 3/13 of the instant real estate and the remaining Plaintiffs are divided into shares with each of the shares of 2/13 shares” (the Defendant is the special beneficiary, and the Defendant’s share of inherited property becomes zero).

Although the Defendant filed a claim against the Plaintiffs for determination of the amount of contributory portion in respect of the deceased’s inherited property, the said court dismissed the Defendant’s claim for determination of the amount of contributory portion on December 7, 2015.

The defendant appealed on each of the above trials, but Busan High Court (Chowon), 2015B1 (Chowon), 2016B1 (Chowon).

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