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(영문) 서울중앙지방법원 2020.08.27 2019가합547738
부당이득금
Text

The Defendant, as the Plaintiff

(a) KRW 110,781,098 and for this, 5% per annum from August 28, 2019 to August 27, 2020; and

Reasons

1. Basic facts

A. The relationship between the parties and the acquisition of the deceased’s real property 1) Net C (hereinafter “the deceased”).

(2) On June 24, 1971, the Deceased acquired ownership of the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the same Table (hereinafter “instant building”) on the ground of marriage with D, and the original Defendant, E, and F, married with the original Defendant, E, and F, and married with them.

3) The Deceased operated a factory on the instant land and building from around 1976, and operated the leasing business on the said land and building. B. On December 29, 1989, the Deceased, including the original Defendant, donated a part of the shares of the instant land to his children and grandchildren and the fraud, etc. on December 30, 1989, and completed the registration of ownership transfer for each of the following reasons: (a) the Plaintiff acquired shares of 1157/3943.5 of the instant land; and (b) the Defendant acquired shares of 330/3943.5 shares, respectively.

On the other hand, the remaining portion of the deceased after the donation was returned to the Plaintiff G and H on January 200.

2) As the Deceased died on June 27, 2001, the registration of ownership transfer was completed under the sole name of the Defendant on October 8, 2004 due to the inheritance by agreement and division regarding the instant building. C. The management and settlement1 of the instant land and buildings was followed from the time when the Deceased died, and it was difficult for the Plaintiff to continue to engage in rental business using the instant land and buildings, and distribute the proceeds therefrom regularly to the co-owners of the instant land. From around 2007, the Defendant managed it and divided the proceeds therefrom.

2. On the other hand, co-owners of the instant land, including the original Defendant, may use the proceeds from the instant land and the instant building as hospital expenses and living expenses, from around 2013.

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