logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.11.15 2017가합108262
부당이득금
Text

1. The plaintiff A:

A. As to the shares of 9/1,540 of the real estate listed in the separate sheet, Defendant D, E, and F, Defendant D.

Reasons

1. Basic facts

A. The plaintiffs are married couple, and the plaintiff A and the defendants are children of G and H.

B. G’s death, division of inherited property, etc. (1) G died on April 29, 2007. The heir was the Plaintiff and the Defendants, who were the wife H and G’s children. (2) At the time of G’s death, the Plaintiff and the Defendants were active property: (i) Seoul Songpa-gu I, Seoul; (ii) buildings (value 2,462,196,50 won; hereinafter “instant I real estate”); (iii) the instant apartment value (1.6 billion won); (iv) the instant apartment value (1.6 billion won); and (v) G deposit account (i.e., KRW 53,791,125 won (in total of KRW 126,866, Ma Bank’s account). The inheritance liability was the sum of the lease deposit accounts with respect to the instant I real estate.

3) G drafted a testamentary document stating the legacy of the instant I real estate to the Plaintiff, and on May 15, 2007, the Plaintiff completed the registration of ownership transfer on the instant I real estate on the ground of testamentary gift on April 29, 2007, and G’s deposit inherited by H. 4) The Defendants filed a claim against H and the Plaintiff for the adjudication on the division of inherited property (Seoul Family Court 2008 Ma37, 2008 Mahap80 (Joint Family Court 2008, 2008 Mahap80 (Joint Family Court 290,909, 0909, 1, 599, 99, 96 shares, and H were to share the instant apartment in the proportion of 436,363,636,163,59,999,996 shares). The said judgment became final and conclusive on May 8, 209.

5) Meanwhile, the Defendants filed a lawsuit against the Plaintiffs seeking registration of cancellation of ownership transfer registration (Seoul Central District Court 2007Gahap13617) on the grounds of title trust with respect to the instant I real estate, etc., and lost the Defendants. Accordingly, the Defendants filed a preliminary appeal against the Plaintiff A on the ground that they filed a claim for the return of legal reserve of inheritance with respect to the instant I real estate (Seoul High Court 2008Na32626, the appellate court partially accepted the Defendants’ preliminary claim and on December 30, 2009.

arrow