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(영문) 인천지방법원부천지원 2020.02.12 2017가단114162
부당이득반환
Text

1. Defendant E shall pay each of the Plaintiffs KRW 9,900,000 and each of the said amounts to the Plaintiffs from August 30, 2018 to the date of full payment.

Reasons

1. Basic facts

A. F entered into a gift agreement on June 23, 2008 with the content that each of the real estate listed in the separate sheet Nos. 1, 3, 4, 7, and 9 was donated to the Defendants, G, and H, who are their children, and that each of them was donated to H, and on the 24th day of the same month, the F paid each share ownership transfer registration to the above children.

B. Meanwhile, the attached list No. 2 (2) of the F’s spouse’s attached list No. 1 (hereinafter “First Housing”) inherited 1/4 shares of the Defendants, G, and H as their children on August 7, 2007 due to the death of the I on the part of August 7, 2007, and the registration of ownership transfer was completed on June 15, 2009, and Article 6(6) of the attached list No. 2 (hereinafter “Second Housing”) owned by F was registered as the above by F. The transfer of ownership due to inheritance on June 15, 2009 was completed by the Defendants, G, and H, respectively.

C. The Defendants, G, and H newly constructed the real estate listed in the separate sheet No. 5 (hereinafter referred to as “third house of this case”) and completed registration of preservation of ownership on June 15, 2009 by one fourth of each of them.

H Deceased on May 10, 2016 (hereinafter “the deceased”), and there are the Plaintiffs, who are children of the deceased (hereinafter “the deceased”).

E. On November 10, 2016, the Plaintiffs completed the registration of ownership transfer of 1/12 (=1/4 x 1/3) shares of each of the real estates listed in paragraphs (1) through (9) of the Attached List (hereinafter “each of the instant real estates”) as to one fourth shares of the Deceased on May 10, 2016 due to inheritance on May 10, 2016.

F. Meanwhile, from October 5, 2009 to July 31, 2015, KRW 29,700,000, which is the share to be reverted to the Deceased, out of the profits equivalent to the rent that could have been derived from each of the instant real estate, was received by Defendant E, and KRW 2,60,000, which is the share to be reverted to the Deceased from October 31, 2016 to February 2, 2018, was received by Defendant D.

G. The revenue equivalent to the rent of each of the instant real estate is KRW 1,580,000 per month from March 2018 to August 2018.

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