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(영문) 수원지방법원 2017.12.14 2017가단508587
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. E died on April 22, 2010, and as inheritor, there were Plaintiffs, Defendants, F, and G as their children.

B. On January 25, 2011, E’s successors, including the Plaintiffs and the Defendants, agreed upon inherited property division as follows.

(hereinafter “Division of the instant inherited property consultation”). Real estate (total 85 items) and financial assets (after deducting tax adjustment, loan, lease deposit, tax, etc.): 21,109,000,000 won per capita: 3,518,000,000 won per capita (=21,09,000,000 won ¡À6,000 won)

C. According to the division of the instant inherited property agreement, the Defendants, following the division of the inheritance property in this case, intended to inherit the area of 307 square meters in Pyeongtaek-si H orchard and 216 square meters in I orchard (hereinafter “each of the instant real property”). The Defendants completed the registration of transfer of ownership on January 28, 201 by the Suwon District Court, Songwon District Court No. 2338 on the ground of inheritance by agreement division on April 22, 2010.

E on March 19, 2010, sold each of the instant real estate in KRW 1.3 billion to J and died after receiving the down payment of KRW 100 million.

(2) The above sales contract was concluded at the time of the division of the inherited property. However, at the time of the division of the instant sales contract, the value of each of the instant real property was calculated as KRW 1.7 billion and calculated as the inheritanceable amount by subtracting the down payment and penalty 200 million to be returned to J after calculating the value of each of the instant real property as KRW 1.5 billion.

E. Since then, J filed a lawsuit against the Defendants on the claim for ownership registration (U.S. District Court 201Gahap60655). At the appellate court of the instant case (Seoul High Court 2012Na14658), the Defendants received a total of KRW 1.3 billion (excluding KRW 100,000,000,000,000) from J and the Defendants, and the Defendants entered into conciliation to implement the registration of ownership transfer with respect to each of the instant real estate.

Grounds for recognition: dispute.

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