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(영문) 서울중앙지방법원 2016.06.02 2014가단152398
부당이득금반환
Text

1. All claims filed by the plaintiff (party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. The plaintiff and the designated parties of the basic facts (referred to as "the plaintiff, if they are referred to as "the thickness"), the network G, and the network H are all children of the network I (child) and the network J (child). The defendant B is the wife of the network H, and the defendant C and D are children of the network H and the defendant B.

The real estate of this case was owned by the original network I, and the network I died on September 17, 2004, and on March 24, 2005, the Plaintiffs, their children, the network H, and the network G completed inheritance registration by 1/5 shares, respectively.

After that, as the net H died on December 1, 2008, the Defendants, as their successors, completed the inheritance registration (1/5 shares) under Defendant B’s sole name on August 26, 2014 due to the division of inherited property.

In addition, as the net G (1/5 shares) died on October 25, 2012, his heir completed the inheritance registration on April 9, 2014, some of his inheritors completed the inheritance registration on the same day to F, and on August 19, 2014, some of their successors completed their transfer registration to Defendant B on the ground of their gift, and on August 19, 2014, their share of 4/55 shares to Defendant B, respectively.

Meanwhile, on November 21, 2013, the Plaintiffs filed a lawsuit seeking payment of the amount of KRW 30 million equivalent to the rents on the ground that the Defendants independently occupied the instant real estate by Seoul Central District Court Decision 2013Da309340, but, on April 11, 2014, mediation (hereinafter “Adjustment Decision”) was concluded with the following content.

In other words, “1. The plaintiffs dispose of the instant real estate under their responsibility as soon as possible and pay the transfer proceeds to the deceased I's successors, including the Defendants according to their inheritance shares.

(2) Paragraph (2)

3. The Defendants actively cooperate in the sale procedure by faithfully performing the Plaintiffs’ additional inheritance registration necessary for the sale of the instant real estate, the duty to deliver real estate, etc.

4. The Defendants’ remaining KRW 28 million, out of the duty to return the deposit for lease on a deposit basis with respect to the instant real estate, shall be borne by the Plaintiffs and the remaining co-owners, respectively.

(5) Paragraph 6.

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