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(영문) 서울중앙지방법원 2017.05.02 2016가단62871
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 21, 2010, D died with the inherited property, having left the building E-gu Seoul Jung-gu, Seoul and its upper part of 412.6 square meters.

On May 16, 2012, successors have divided the disposal amount and completed the registration of ownership transfer by sharing the defendant, F, and G due to inheritance by consultation and division.

B. On May 21, 2012, the Defendant, etc. sold land and buildings to H KRW 1,650,00,000, and paid KRW 23,952,730, such as security deposit for lease on a deposit basis, acquisition tax, etc., KRW 17,52,880, inheritance tax, KRW 329,55,85,850, capital gains tax, KRW 3,901,900, brokerage fee for certified judicial scrivener, KRW 11,50,00, and KRW 5,00,000, and KRW 1,226,386,640, and KRW 33,649,00, each of the Plaintiffs on June 13, 2012.

The amount is equivalent to 1/211,386,640 of the remaining 1,211,386,640 of the plaintiffs' share of inheritance, which is the amount equivalent to 36 percent of the plaintiffs' share of inheritance, derived from deducting 15,00,000 won in preparation for additional costs.

C. At the time D’s death, there was I, J, Liman K at the time of D’s death.

J was deceased earlier than D, and L, M, and N were children, but the plaintiffs,O, P were children of M, and the defendant's share of inheritance is 1/36 each of L's children.

After filing the instant lawsuit, on June 24, 2016, the Defendant deposited each of the Plaintiffs with the Seoul Western District Court KRW 2996,297, the deposit amount of KRW 15,000,000 equivalent to 1/36 of the Plaintiffs’ inheritance portion among the deposit amount of KRW 15,00,000,000, respectively.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 6, 7 evidence, Eul 1, 2, and 3 evidence, the purport of the whole pleadings

2. Of the proceeds from the disposal of E land and buildings that D’s gist of the plaintiffs’ assertion left with inherited property, 33,649,000 won that the defendant paid to the plaintiffs are reasonable in proportion to their shares of inheritance.

Therefore, the plaintiffs claim to the defendant for unjust enrichment of KRW 15,00,000.

3. The Plaintiffs are determined to have the amount paid by the Defendant in proportion to their shares of inheritance.

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