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(영문) 대구지방법원 2017.11.09 2015가합205967
부당이득금
Text

The Plaintiff, Defendant B, and D, KRW 12,93,395, Defendant C, KRW 67,93,395, Defendant E, KRW 3,527,289, Defendant F, G, H, and I.

Reasons

1. Basic facts

A. The parties to the dispute and inheritance-related 1) The network M died on October 10, 2010 with children (i) the children, (ii) the Konam network N, (iii) the children, (iv) the children D, C, C, C, 4 South, 4 South, and 6. The Plaintiff is the spouse of M’s son.

3) The head-nam Network N has been Defendant F, G, H, and I with wife Defendant E, children, and died on October 201, 201. 4) The Trinam Network K of M has been Nonparty J and A with wife Defendant J and A, and died on June 21, 2010.

5) On September 7, 2010, P and Q reported the renunciation of inheritance on the deceased K’s property as the Family Branch of Daegu District Court 2010 Ma2156, and on October 19, 2010, Defendant J, the wife of the network K, reported the qualified acceptance of the said report by the said court on October 22, 2010. Defendant J reported the qualified acceptance of the deceased K’s property on October 22, 2010 as the above support 201Mo2507, and was tried by the said court on December 22, 2010.

7) Accordingly, the deceased M’s property was jointly inherited by their inheritors and substitute inheritors as shown in the separate sheet, and on the other hand, Defendant J succeeded to the property of the deceased K. (B) From October 199 to October 10, 199, the Plaintiff lent the real estate listed in the separate sheet (hereinafter “the instant real estate”) with Ma, and operated the restaurant in the name of “R” at the same time. From February 2007, the Plaintiff operated the said restaurant along with the O’s brothers and sisters, who are her husband.

2) As to the instant real estate, on April 28, 2003, the registration of ownership transfer was completed on the same date in the name of the Plaintiff on the same date. 3) On April 28, 2003, the Plaintiff took out loans of KRW 200,000 from the Spanish branch of Spanish Island to procure the said real estate purchase price, and paid KRW 71,973,500 as interest on the said loans from April 28, 2003 to May 21, 2008, and thereafter, did not pay interest on the said loans.

4 The Plaintiff from July 2003 to September 2014 as property tax on the above real estate.

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