(영문) 서울서부지방법원 2020.02.20 2018나40864

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(영문) 서울서부지방법원 2020.02.20 2018나40864

부당이득금

Text

1. The judgment of the first instance court, including a claim reduced by this court, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of the deceased G (hereinafter “the deceased”), and the J is children of K of the deceased who died earlier than the deceased.

B. On February 23, 2015, upon the death of the deceased on December 5, 2014, registration of ownership transfer of 1/7 shares in the land listed in the separate sheet No. 1, which is inherited property, under the name of the Plaintiffs, the Defendant, and the J, for the reason of inheritance, and registration of ownership transfer of 1/7 shares in the separate sheet No. 2 (hereinafter “instant building”) was completed for each of the buildings listed in the separate sheet No. 2 (hereinafter “instant real estate”).

C. The Defendant asserted that the instant real estate was bequeathed from the Deceased and filed a lawsuit claiming ownership transfer registration against the inheritor including the Plaintiffs.

(F) Daegu District Court Branch 2015Gahap41034, hereinafter referred to as "bate") d.

In the previous suit, J did not dispute the Defendant’s assertion, and the court accepted the Defendant’s assertion of legacy and the Plaintiffs’ assertion of legal reserve of inheritance. Of the instant real estate, J rendered a judgment to the Defendant that the Defendant shall implement the registration procedure for transfer of ownership based on each legacy with respect to the remaining 1/14 shares other than the 1/14 shares, which are the ratio of legal reserve of inheritance.

The above judgment was finalized as it is.

At the time, there was no active inherited property other than the instant real property, and there was no evidence of evidence or evidence from the deceased separately.

E. Meanwhile, from August 11, 2009 to November 22, 2010, the Defendant received KRW 83,100,000 from the Deceased. Around September 20, 2016, the head of Mapo District Tax Office: (a) determined KRW 66,819,959 as donated property of the Deceased’s prior donation to the Defendant; and (b) notified the result of the tax investigation on the details of increase in inheritance tax by deducting KRW 16,280,041, which verified that the Defendant paid the deceased’s taxes on behalf of the Deceased.

F. The defendant's results of the above investigation.

유사 판례

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