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(영문) 서울고등법원 2018.05.30 2016나2073185
부당이득금
Text

1. The part against the defendant in the judgment of the first instance against the defendant is revoked, and the plaintiffs corresponding to the revoked part are defendant C.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the reasoning of the judgment is as follows, except for the dismissal or addition as follows, and thus, the reasoning of the judgment of the court of first instance cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] The 7th 7th 7th e.g. “5 billion won” in the first instance judgment (hereinafter “the purchase price”) shall be added to “the purchase price of this case”).

The part of “(B) embezzlement or embezzlement of Defendant C” from 5th to 7th 3th eth eth 19th eth eth 19.

A person shall be appointed.

B. The plaintiffs' assertion 1) Even if the plaintiffs' assertion is null and void, the plaintiffs as co-inheritors have inheritance rights on the deceased's property.

Since the statutory share of the plaintiffs was received from the deceased a lot of property from the deceased, the specific share of the plaintiffs is above that of the inheritance.

However, Defendant C embezzled part of the purchase price of this case, which was kept in custody for the deceased for personal purpose, and deducted the money reasonably spent, as inherited property, and continued to retain the remaining purchase price to the Plaintiffs according to their shares of inheritance after the deceased’s death, thereby infringing the Plaintiffs’ inheritance rights.

Therefore, Defendant C is obliged to pay to the Plaintiffs money equivalent to the Plaintiffs’ share of inherited property out of the purchase price of this case due to restitution of unjust enrichment or tort.

B. Defendant C’s assertion of KRW 1,873,915,077 out of KRW 5,000,000, as indicated in attached Table 1-5, was disbursed for all of the deceased and the co-inheritors as indicated in attached Table 1-5. As such, the deceased’s inherited property out of the purchase price of this case is KRW 3,223,084,923, which is the balance, and the Plaintiffs’ statutory share of inheritance is two.

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