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(영문) 서울중앙지방법원 2015.12.22 2014가합25394
부당이득금반환
Text

1. The Defendant’s KRW 144,740,403 among the Plaintiff and KRW 127,240,403 among the Plaintiff, shall be KRW 17,500,000 from May 23, 2014.

Reasons

1. Facts of recognition;

A. On January 27, 1948, the deceased C (hereinafter “the deceased”) married with D on January 27, 1948, wherein E and the Plaintiff were born, and D died on September 10, 1953, thereby having F and G as children.

The F Department divorcedd on March 6, 1990, and the Deceased died on January 18, 2009.

B. At the time of the death, the Deceased owned each real estate listed in the separate sheet (hereinafter “H building”, and each real estate listed in the separate sheet Nos. 1 and 2, 3 and 4, as well as KRW 1,771,035,105 (as of April 2, 2009).

After the commencement of inheritance, G and the defendant have withdrawn the full amount of the deceased's deposits under the agreement and used them as inheritance tax, acquisition tax, expenses of certified judicial scrivener, etc., and the inherited property of the deceased at the time of adjudication on division of inherited property as follows only remains.

C. G filed a claim against the Plaintiff and the Defendant for a trial on the division of inherited property regarding the deceased’s inherited property [the Seoul Family Court 2009 Mahap777, 2010 Mahap147 (combined), 2010 Mahap219 (competence)].

On December 27, 2011, the above court recognized that the Defendant received special benefits in excess of its statutory inheritance amount, and recognized G as the final inheritance amount of KRW 9,509,463,320, and the Plaintiff 4,812,307,879, except for the distribution of inherited property.

Specifically, the inherited property was divided into G’s H building, the Plaintiff’s ownership of each land in the list Nos. 5 through 7 of the I building and the annexed list, and G’s payment of KRW 1,056,04,979, the difference between G and the Plaintiff, as well as damages for delay.

(G and Defendant’s appeal on the contributory portion was dismissed in entirety). G and Defendant filed an appeal against the said judgment, but all appeals [Seoul High Court Decision 2012BB16, 2012BB17 (Consolidated), and 2012B18 (Re-appeal)] were dismissed, and the reappeal (Supreme Court Decision 2013S47, 2013S48 (Joint), and 2013S49 (Re-appeal) was dismissed in entirety.

(b) above.

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