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(영문) 인천지방법원부천지원 2016.12.14 2016가단102483
부당이득금
Text

1. Defendant B’s KRW 9,341,707 as well as 5% per annum from March 17, 2016 to December 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The network D (hereinafter referred to as “the network”) and the Plaintiff are married with each other, and there is, under these chains, E (ma), Defendant B (ma), Defendant C (ma), and F (C).

B. The Deceased died on May 28, 2014, and the Plaintiff, the Defendants, and the E, and F jointly inherited the Deceased’s property including each of the following real estate (hereinafter “instant real estate”).

The details of Nos. 1, 327m22 in G miscellaneous land, G-type, H-type, 579m23 in land Silung-si, H-type, 1331m24 in land Silung-si, J 5m25m25 in land Silung-si, J-si, J-type, 5m25m26 in building Silung-si, H-type, h (A mobile) block structure, 116.6m2 (non-Dong), 16.6m2 (non-dong) floor 148.6m6m6m2, 81.00m2 in housing floor, and 148.6m6m2 (non-dong) residential facilities, and 2nd floor 81.02m2 in residential floor.

C. On November 13, 2014, legal inheritors of the Deceased completed the registration of ownership transfer on the instant real estate in the name of the Plaintiff on November 13, 2014, 4/11 shares, 2/11 shares, 3/11 shares in the name of the Defendant B, and 2/11 shares in the name of the Defendant C.

In other words, the plaintiff and defendant B divided F's legal share of 2/11 shares in F. D.

Meanwhile, at the time of the deceased’s death, the right of lease was established as indicated below with respect to the instant real estate. On August 24, 2015, the Plaintiff agreed on behalf of the co-owners of the instant real estate to sell the instant real estate in the amount of KRW 2.6 billion (hereinafter “instant sales contract”) on behalf of K Co-owners of the instant real estate, and upon entering into a contract to sell the instant real estate in the amount of KRW 2.6 billion (hereinafter “instant sales contract”), the date of the remainder payment ( October 31, 2015), and to deliver the instant

Lessee deposit amounting to KRW 7 million, KRW 7 million, KRW 16.6m2,20,000, KRW 500,000 from KRW 5 million to KRW 5,000,000 from February 5, 2005, KRW 116.6m2,000,000 from KRW 82m2,00 to KRW 1,000,000 from KRW 1,00,000 from around October 15, 201 to KRW 5,00,00 from KRW 5,000 from September 25, 2013 to KRW 27,00.

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