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(영문) 대구지방법원 2018.02.21 2017가단110752
부당이득금
Text

1. The Plaintiffs, Defendant D, each of the 12,306,784 Won, Defendant E, each of the 11,95,774 Won, and the 16 March 16, 2017.

Reasons

1. Facts of recognition;

A. F (hereinafter “the deceased”) died on June 26, 2013, and wife G and children, Defendant D and H, and I are co-inheritors of the deceased, and Defendant E is Defendant D’s children.

B. On July 23, 2009, the Deceased bequeathed on July 23, 2009, 6/10 shares of each real estate listed in the separate sheet (hereinafter “the real estate”) to Defendant D, and 4/10 shares of the real estate of this case to Defendant E.

‘No. 941, No. 2009, No. 941, No. 2009, No. 2009, No. 2000, No. 2000

(C) The deceased’s death. On December 26, 2013, the deceased’s 3/15 shares in G name, the Plaintiffs, Defendant D, and H, and I’s 2/15 shares in G name, each of which was inherited on the deceased’s death date. D. The Defendants filed a lawsuit claiming ownership transfer registration against G, Plaintiffs, and H for the reason of testamentary gift. The Defendants filed the lawsuit claiming ownership transfer registration against G and the Plaintiffs, including 26.51% (G8.8368% 194629/20606480; 5.8912% of the Plaintiffs, each of the Plaintiffs, 12964185/20606480), and the Defendants were to receive the ownership transfer registration of the remaining shares from the 36.51% (G.8368% 194, 20605/206480), and there were no grounds for the judgment of the High Court ordering the Defendant D and E-E to receive the ownership transfer registration from the deceased’s 30136.7.

each entry, the purport of the whole pleading

2. Assertion and determination

A. (1) The Defendants asserted by the Plaintiffs received unjust enrichment from the Plaintiffs and G out of the rent of the instant real estate up to the share (26.51%) corresponding to the legal reserve of inheritance (26.51%). G transferred its share to the Plaintiffs, and thus, the amount received from the Plaintiffs is out of the rent.

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