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(영문) 창원지방법원 2021.01.29 2020나685
부당이득금
Text

Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C was the owner of the building D and E (hereinafter “the instant real estate”) in Kimhae-si, and died on September 12, 2017 (hereinafter “the Deceased”). B. A family member of the Deceased has his/her spouse, five children (one child, four married children), and the Plaintiff was the husband of F, who is the second father of the Deceased, before the Deceased’s death. F was the husband of F and one child between F and the Plaintiff.

(c)

On January 18, 2018, the Defendant prepared and sent to the deceased’s inheritors an explanatory note as follows (hereinafter “each of the instant notes”). On September 12, 2017, the deceased’s death on September 12, 2017, the Defendant promised to transfer the deceased’s instant real estate to another person after completing registration under the name of the Defendant and pay the statutory share of inheritance among the transfer proceeds:

(Acquisition tax, transfer tax, and expenses other than those) d.

On January 31, 2018, the deceased’s inheritors consulted on the division of the inherited property solely owned by the Defendant, and accordingly, the Defendant completed the registration of the transfer of ownership on February 5, 2018 due to the division of the above inherited property.

E. On March 11, 2019, the Defendant sold the instant real estate in KRW 110,000,000 to G, and completed the registration of ownership transfer on April 10, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant agreed to pay to the deceased’s heir, through the instant report, the amount calculated by deducting various expenses, such as taxes, from the sales amount of the real estate in this case, according to the amount in the legal context.

From KRW 110,00,000 for the instant real estate purchase price of KRW 4,072,720 for various expenses, including taxes, to be deducted from KRW 105,927,280 for brokerage fees of KRW 3,072,720 for legal affairs). Since the Plaintiff’s legal portion remains 6/91 for the Plaintiff, the Defendant is 6,984,000 for KRW 6,984,00 for the Plaintiff (105,927,280 x below 6/91,1,000) and for the Plaintiff.

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