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(영문) 수원지방법원성남지원 2016.08.24 2015가합201257
부당이득금
Text

1. The Defendant: (a) KRW 78,774,223 to Plaintiff A; (b) KRW 154,131,135 to Plaintiff B; and (c) KRW 154,135 to Plaintiff B, respectively, on February 27, 2015.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant were children of D and E, D were dead on August 17, 2010, and E were dead on June 1, 2013.

B. D owned 31 stores of the building of the 4th floor in Songpa-gu Seoul Metropolitan Government F and G ground (hereinafter the same shall apply) on June 24, 2010, donated No. 30 No. 2 of the [Attachment List No. 30 and No. 31 of the [Attachment List No. 31] to E.

C. D and E, while managing the above stores, received lease deposits, rents, etc. from the above stores using the account (National Bank H and I) in the name of the Defendant, and disbursed taxes, management expenses, etc.

D As the Plaintiff died on August 17, 2010, the Plaintiff and the Defendants completed the registration of ownership transfer on November 26, 2010, each of 1/3 shares of 29 stores owned by D (each of the real estate listed in Nos. 1 through 29 of the attached Table, and hereinafter referred to as “inherited real estate”) due to an inheritance by agreement and division.

E. On January 26, 2011, E donated 1/6 shares of donated real estate to the Defendant and the Defendant’s wife, J, Plaintiff B and their wife, and Plaintiff A and their children, respectively.

F. On April 7, 2014, the Defendant and J filed a co-owned property partition lawsuit against the Plaintiffs, K, and L on April 7, 2014, as Suwon District Court 2014Dadan206050, which each of the Plaintiffs and the Defendant shared one-third equity shares (excluding the attached list No. 8; hereinafter “inherited property”) and the Plaintiffs, the Defendants, the Defendants, the J, the J, the K, the K, the K, and L, and L filed a co-owned property partition lawsuit seeking a partition of the donated real property jointly owned by one-six equity shares, and on November 5, 2014, a compromise was established between the Plaintiffs, K, L, and the Defendant, and the J to divide the inherited real property into co-ownership (hereinafter “instant reconciliation”).

G. Accordingly, on December 23, 2014, the Defendant transfers his/her shares among inherited real estate to the Plaintiffs, K, and L, respectively.

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