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(영문) 서울중앙지방법원 2020.07.23 2018가합573860
부당이득금
Text

1. The Defendant: KRW 97,634,957; KRW 41,843,553; KRW 27,895,702; and KRW 27,895,702; and each of them.

Reasons

Facts of recognition

The Defendant, as the spouse of the deceased F (hereinafter referred to as “the deceased”), placed three children, such as G and network H, in addition to the Plaintiff, between the deceased and the deceased.

Plaintiff

B The deceased H’s spouse, Plaintiff C, and D are children of the deceased H, and the deceased H’s substitute heir.

The Deceased died on January 2018, and the Plaintiffs, Defendant, and G inherited the Deceased.

At the time of the deceased’s death, there were ① International Apartment J (hereinafter “instant apartment”) in Seocho-gu Seoul Metropolitan Government, ② N,O, P, Q, Q, R, T, U, K, K, V and above-ground buildings (hereinafter “instant L real estate”), ③ land and buildings in the Seoul Southern-gu M&A (hereinafter “instant M&A”) in South-si, Nam-si, Nam-si, and the building in the Namyang-si.

On May 11, 2018, the registration of ownership transfer under the ratio of 2/9, 2/9, 2/9, 3/9, 2/9, and 2/9 of the names of Plaintiffs A, B, Defendant, and G, each of which was caused by an agreement division with respect to the instant apartment on May 11, 201 (this shall be registered according to the respective statutory inheritance ratio, but the registration under the agreement with respect to the portion of inheritance of Plaintiffs C and D regarding the instant apartment, was completed in the name of Plaintiff B), and on July 25, 2018, the registration of ownership transfer was completed according to the statutory inheritance ratio in the names of Plaintiffs, Defendants, and G.

The Plaintiffs, Defendant, and G acquired each share of co-ownership according to statutory inheritance ratio.

On March 23, 2018, Plaintiffs, Defendant, and G sold the instant apartment in KRW 1.65 million (However, the Defendant concluded a sales contract independently on March 23, 2018, but drafted a sales contract again on May 10, 2018 by adding the Plaintiffs and G as co-sellers) and on July 25, 2018.

On April 16, 2018, the Defendant purchased W Apartment X-ho (hereinafter referred to as the “W apartment of this case”) with the purchase price of KRW 6,30,000,000, which is part of the purchase price of the instant apartment of this case, KRW 1,650,000,000, and on April 16, 2018.

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