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(영문) 수원지방법원 성남지원 2017.01.18 2016가합205270
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 300,00,000 and the interest rate of KRW 15% per annum from August 19, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) is the spouse of the Plaintiff and the father of the Defendant, D, E, F, G, and H.

B. As the Deceased died on August 4, 1998, the Plaintiff, the Defendant, D, E, F, G, and H, who were their successors, made an agreement on the division of inherited property (hereinafter “instant agreement on division”) with the following content around September 1999:

1. Of inherited property, 1) Hanam-si I 317С 2) Hanam-si, Hanam-si, Hanam-si 116С 3) Hanam-si, Hanam-si 496С 4), Hanam-si, Hanam-si, Hanam-si, Hanam-si 46С 5m2,5 m2,486 m2,486 m2,5 m2,486 m2,486 m2,2,486 m2,2,486 m2 (a above shall be owned by the Defendant) inHanam-si, Hanam-si, Hanam-si, Hanam-si, Hanam-si, Hanam-si, Hanam-si, Hanam-si.

A person shall be appointed.

2. 10,00,000 won in cash, out of inherited property, shall be jointly distributed by the Plaintiff, D, E, F, G, and H, respectively.

C. On September 14, 1999, the defendant completed the registration of transfer of ownership based on inheritance due to the division of August 4, 1998 in the future of the defendant with respect to the inherited property of this case according to the division of this case.

Since then, among the inherited property of this case, the 317 square meters in Hanam-si Tdong (hereinafter “Tdong”) was divided into 1 large 298 square meters and 19 square meters in U.S. PJ large 116 square meters divided into J large 98 square meters, V large 1 square meters, and 17 square meters in W large 17 square meters. The 496 square meters in K large 341 square meters in K large 341 square meters, X large 49 square meters, Y large 49 square meters, Z large 5 square meters, and 82 square meters in AAAA large 82 square meters. The 939 square meters prior to L was divided into 371 square meters in L large 371 square meters, AB large 452 square meters, AC previous 38 square meters, AD 62 square meters, AF 8 square meters prior to AH road, AH 34 square meters in a road, and a road.

E. On December 24, 2013, the Defendant entered into a sales contract with the Korea Land and Housing Corporation to sell five parcels of land listed in the attached Table 1, among the instant inherited property, in total at KRW 2,890,042,00,000. On December 31, 2013, the Korea Land and Housing Corporation may acquire land for the said five parcels of land on the ground of an agreement on land for public use.

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