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(영문) 서울중앙지방법원 2017.01.26 2015가합535478
부당이득반환 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,412,395 to the Plaintiff (Counterclaim Defendant) and its related amount from April 16, 2016 to January 26, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties 1) The original Defendant, C, D, and E are the father F (hereinafter “the deceased”).

F) On April 18, 2003, G died on July 10, 199, respectively.

B. C filed an appeal for partition of inherited property with the Seoul Family Court 2003Rahap83 against the original Defendant, D, and E. The appellate court (Seoul High Court 2005B46) rendered an appeal for partition of inherited property. The appellate court (Seoul High Court 2005B46) determined that “The land and buildings listed in paragraph (1)” in [Attachment 1] H-dong Housing, “The land and buildings listed in paragraphs (3) and (4)” in “The land and buildings listed in paragraphs (5)” in “J Building, the land and buildings listed in paragraphs (6) and (7)” in “J Building, the land listed in paragraphs (3) and (5), 3, 607, 306, 479, 307, 497, 407, 3069, 47969, 507, 47969, 197, 1967, 3097, 497, 1967, 4097, 47967, 208

3. All were dismissed.

2) The net value of each of the instant real property at the time of the commencement of the inheritance proceeding as indicated in the “net Property List” column in attached Form 1. This is the amount calculated by deducting loans or deposit obligations secured by the pertinent real property from the appraised value of the pertinent real property. 3) Meanwhile, at the time of the commencement of the inheritance proceeding, the remainder of the J building 6/7 was owned by the original Defendant, C, D, and E, respectively, 6/35 shares.

C. The auction division according to the final and conclusive judgment on the division of inherited property is carried out, such as agreement and mediation between successors.

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