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(영문) 대전지방법원 2019.08.22 2013가합104008
부당이득금
Text

1. The plaintiffs' successor' claims are dismissed.

2. The costs of the lawsuit are assessed against the Intervenor’s successor.

Reasons

1. Basic facts

A. The deceased deceased on August 27, 2006 (hereinafter “the deceased”). At the time of the deceased’s death, the deceased’s heir had G, H, I, J (a post-K) and network L, which is the spouse of the deceased and the children of the deceased, and among them, the deceased’s share of inheritance of the deceased L is 2/13.

B. After the death of the inheritee, the Defendant filed a petition for adjudication on the division of inherited property against the deceased L and the remaining inheritors, and the adjudication on the division of inherited property (hereinafter “instant adjudication on division”) was finalized on June 4, 2010 as follows.

In other words, among inherited property subject to adjudication on division, each of the real estate listed in the Attachment No. 1 (hereinafter “instant real estate”) listed in the Attachment No. 2 List No. 1 (hereinafter “instant real estate”) has ownership of 1/2 shares of I and I, and the real estate listed in the Attachment No. 2 List No. 2 List No. 2, is owned by the heir according to the inherited property as the status of acceptance and payment of compensation.

The heir shall have the ownership of each inheritance ratio (2/13 of the net L 2/13), and (i) the debt related to the instant real estate, 400,000,000 won for loans secured by Seo-gu, Daejeon, etc. among the instant real estate (N Bank : 400,000,000 won for loans secured by Seo-gu, Daejeon, etc.) and 250,000,000 won for the OTR P, which is the obligation to return the lease deposit for the instant real estate, and (ii) the amount of 50,000,000 won for the RAS and 500,000,000 won for the RAS respectively, shall be divided as L.

C. The deceased L was dead on July 13, 2013, and Plaintiff A and Plaintiff B, the husband of the deceased L, jointly inherited the deceased L’s property.

The Defendant acquired rent of KRW 1,395,150,000 (hereinafter “instant rent”) for the instant real estate from June 201 to June 2010, the time when the instant judgment on division was finalized after the commencement of the inheritance.

(e).

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