(영문) 부산지방법원 2018.05.30 2015가합3290

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(영문) 부산지방법원 2018.05.30 2015가합3290

부당이득금반환

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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid to the Plaintiff (Counterclaim Defendant) KRW 272,185,208, and KRW 345,149,024 to Plaintiff B and each of the said money.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The plaintiffs and the defendants, D, and E are children born between the network F and the network G.

B. Change in the ownership of the instant building 1) The building indicated in the separate sheet owned by the deceased F on May 28, 2010 (hereinafter “instant building”) following the death of the deceased G and the Plaintiffs, the Defendants, D, and E.

(2) On November 25, 2011, the Plaintiff, Defendant, D, and E inherited shares (3/13) of the instant building on the following grounds: (a) succeeded to the ownership transfer registration corresponding to the above inheritance shares on June 11, 2010 pursuant to the statutory inheritance shares (net G 3/13, and the remainder 2/13) and completed the registration of ownership transfer on the said building on April 24, 201.

3) Thereafter, to D on August 7, 2013, E completed the registration of ownership transfer on June 15, 2013 with respect to the portion of 0.83/13 of its own shares out of the instant building, which is part of its own shares. 4) Plaintiff B completed the registration of ownership transfer on October 27, 2014 with respect to the portion of 0.3/13 of its own shares out of the instant building to D on October 24, 2014.

C. The current status of the use of the instant building 1) the Plaintiffs, the Defendants, D, and E, under the joint name, registered the business of real estate rental, and had the Defendant manage the instant building. 2) The Defendant received rent, etc. from the lessees of the instant building from the remaining part of the first floor of the instant building, excluding 356.51 square meters (hereinafter “the instant underground floor part”) from May 28, 2010 to March 31, 2016, on which the Defendant received rent, etc. from the lessees of the said building, and did not distribute the profits therefrom to other siblings according to their co-ownership.

3. Meanwhile, Plaintiff A from August 11, 2008 to October 7, 2016

유사 판례

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