logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.06.29 2017나2072134
분재금청구의소
Text

1. The defendant's appeal is dismissed.

2. The judgment of the court of first instance is ordered upon the reduction of the claim in this court.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children E who died on September 25, 1962 and F who died on January 14, 1992.

B. On December 23, 1968, the Defendant completed the registration of ownership transfer on September 25, 1958 with respect to the real estate owned by E, including each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). In individually named, the registration of ownership transfer on September 25, 1958 due to the inheritance of Australia was completed in accordance with the order of entry in the separate sheet.

C. The Korea Land and Housing Corporation accepted each of the instant real estate around November 2015 and around January 2016.

From October 8, 2015 to January 20, 2016, the Defendant received from the Korea Land and Housing Corporation the KRW 3,900,490,000 for the instant Claim 1 as compensation for expropriation, and KRW 975,520,00 for the instant Claim 2, and KRW 289,214,50 for the instant Claim 3’s real estate.

The Defendant paid KRW 100,742,590 as income tax on March 29, 2016, and KRW 100,742,580 as income tax on May 27, 2016, and KRW 201,485,170 as income tax on the real estate of this case 2 and 3.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 7, Eul's evidence Nos. 4 and 5 (including each number; hereinafter the same shall apply), and the fact-finding with the Korean Land and Housing Corporation of the first instance court, the purport of the whole pleadings.

2. In the first instance court, the Plaintiffs filed a claim for damages or unjust enrichment on the premise that each of the instant real estate was the inherited property of E and F, for the amount equivalent to the part of the Plaintiffs’ share of inheritance among the compensation for expropriation of each of the said real estate. In addition, the Plaintiffs filed a claim for the payment of compensation for each of the instant real estate on the ground of an arrangement for distribution of compensation for

The court of first instance rejected the plaintiffs' primary claims and partly accepted the conjunctive claims.

However, since only the defendant appealed against the judgment of the court of first instance, the scope of this court's trial is about the conjunctive claim.

arrow