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(영문) 부산지방법원동부지원 2020.04.07 2019가단215953
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

Attached Form

same as the reasons for the claim.

Judgment

Even if the Defendants received money based on the claim for return of the lease deposit, which is inherited property, as alleged by the Plaintiff, the Plaintiff, the inheritor, is still entitled to claim the performance of the obligation to the obligor.

[Limits to the extent that the obligor is relieved of liability under Article 470 of the Civil Act, the authentic inheritor is a reference inheritor [a broad meaning of co-inheritors infringing on the inheritance rights of other inheritors is also a reference inheritor as stipulated in Article 999 of the Civil Act.]

(1) The Plaintiff may seek the return of the money received as an exercise of the right to claim inheritance recovery, but the Plaintiff did not assert such circumstances. The Plaintiff’s assertion on this part is without merit.

With regard to the claim for the return of the legal reserve of inheritance, the person who has the right to claim the return of the legal reserve of inheritance can only claim the other party for the return of the amount corresponding to his/her "shortage" (Article 1115(1) of the Civil Act), and the formula for calculating the amount of legal reserve of inheritance is as follows.

In addition, when there are several co-inheritors who received a gift or testamentary gift in return for the claim for the recovery of the legal reserve of inheritance, the person entitled to the legal reserve of inheritance can claim the return of the value of each gift or testamentary gift exceeds his own legal reserve of inheritance according to the ratio of the value exceeding his own legal reserve of inheritance.

(See Supreme Court Decision 2006Da46346 Decided November 10, 2006, etc.). Shortage in legal reserve = (basic property in calculating legal reserve of inheritance ¡¿ the legal reserve of inheritance of the person with the right to legal reserve of inheritance) - Special profit amount of the person with the right to legal reserve of inheritance - Basic property in calculating the legal reserve of inheritance of the person with the right to legal reserve of inheritance of the person with the right to legal reserve of inheritance of the case is considered as active donated

The plaintiff's claim against the defendants is not the form set forth in the above 1, but the plaintiff's claim against the defendants.

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