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(영문) 서울중앙지방법원 2016.05.12 2015가단5066864
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 90,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 18, 2014 to March 30, 2015.

Reasons

1. Basic facts

A. C (Dres, Death on November 9, 2009) and E (Fres, Death on August 17, 201) were married couple, with three siblings of Plaintiff, Defendant, and G.

B. At around 2001, the Plaintiff, a South-North Korea, as C, resided in the fifth floor of the fifth floor in the building in Eunpyeong-gu Seoul, Seoul, which was owned by C, with a marriage around 2001. At around 2009, C, upon selling the above five-story building, prepared KRW 180,000 to be used as the full-time loan for directors to the Plaintiff, and borrowed the above amount from C (IB) to the Plaintiff for the purpose of earning income, and then borrowed the above amount from C (IB) at that time, and then to pay interest.

C. C as inherited property at the time of the death of November 9, 2009, there were KRW 86,949,499, such as deposit claims, etc.

With the lead of E in relation to the above inherited property, division of inherited property and report of inheritance tax are made. ① Apartment apartment is owned by E253/100, the plaintiff, defendant, G 249/1000, ② commercial buildings and the deposit claims in this case are owned by E, ③ the loan claims are owned by the plaintiff alone, and ③ the agreement division registration of each inherited property and the report of inheritance tax base.

Since then, E also died on August 17, 201, the Plaintiff, Defendant, and G inherited the shares of apartment and commercial buildings owned by E as to ① apartment shares and ② commercial buildings owned by E.

E. On September 13, 2014, the Plaintiff, the Defendant, and G sold KRW 2,125,000,000 of the purchase price at the Defendant’s initiative for each apartment building owned as 1/3 shares, and the Defendant distributes all the amount equivalent to the shares of KRW 1/3 of the Defendant and G with the remainder of the purchase price settled after receiving all the purchase and sale balance until November 14, 2014.

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