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(영문) 수원지방법원 성남지원 2018.06.20 2016가단228054
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) KRW 8,250,663 and this shall be from December 19, 2017 to June 19, 2018.

Reasons

1. Basic facts

A. The relationship between the parties and the deceased’s legal share of inheritance (hereinafter “the deceased”) established the Defendant (Nam, 1949), G (M, 1956), H (M, 1958), I (M, 1960), the Plaintiff (M, 1967), J (M, 1968), and K (M (M, after the deceased’s mother’s mother’s death) with his spouse on January 12, 199. As the deceased died on January 12, 199, the deceased’s children, including the Plaintiff and the Defendant, inherited their respective shares of 2/15, and K, 3/15, who is the wife of the deceased, inherited their respective shares in law.

B. In the case of Gwangju Special Metropolitan City’s share in inheritance based on the contributory portion, C 492 square meters, G, H, I, Plaintiff, and J (hereinafter “Plaintiff”) filed a petition for an adjudication on the division of inherited property with the Defendant and K K under the head of Suwon District Court Branch of 2011hap9, 201221, and the Defendant filed a petition for adjudication on the division of inherited property with the same court as the Plaintiff’s side and KK for adjudication on the contributory portion under the same court order as the Plaintiff’s order of 2011hap21,200 square meters (unregistered), D 164 square meters at the time of Gwangju Special Metropolitan City’s Do, a multi-story block structure, 180 square meters, and a block structure 160 square meters (unregistered) at the time of Gwangju Special Metropolitan City’s 164 square meters (Seoul Special Metropolitan City’s appeal). The instant petition became final and conclusive (Seoul High Court Decision 2014; 2014Da23241414245, Apr. 214, 2014).

According to the above final decision, the defendant's apportionment ratio of the deceased's inherited property is 10%, and the actual inheritance share of the plaintiff's side with respect to real estate after the property was re-determined is 946,041,377/7,278,835,400, respectively, and the defendant's actual inheritance share is 1,364,839,250/7,278,835,400.

C. On November 9, 2012, the Defendant brought a lawsuit claiming the return of unjust enrichment against the Defendant by the Plaintiff (1) on the grounds that the Defendant paid against the Plaintiff the principal and interest of the loan and inherited real estate that the Defendant repaid to the Plaintiff on December 31, 201, as Suwon District Court 201Gahap12688 (Mains) and 201Gahap12695 (Counterclaim).

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