logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.09.09 2020나2016066
부당이득금
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. In accordance with the expansion of the purport of the claim by this court, the defendant.

Reasons

Basic Facts

The land and buildings indicated in the attached list of the ownership and management status of the instant real estate (hereinafter collectively referred to as the “instant real estate”) were owned by E. When E died on May 1, 2005, the Defendant (spouse) and the Plaintiffs (child) registered co-ownership of shares on August 16, 2005, on the ground of the consultation division as to the instant real estate, and again registered co-ownership of shares of Defendant 3/9 and shares of Plaintiffs 2/9 on July 21, 2006 due to conciliation.

After the death of E, the Defendant has independently managed the instant real estate and used it as living expenses, etc. with the lessee of the building, and currently is living together with H in the instant real estate G.

On the other hand, on August 10, 201, the Defendant: (a) borrowed KRW 160 million from W, a stock company (hereinafter “stock company”) as collateral; and (b) established a collateral on the basis of the maximum debt amount of KRW 192 million; (c) borrowed KRW 160 million from the Industrial Bank of Korea on April 10, 2015, and repaid W’s above loan; and (d) subsequently, established a collateral on the Industrial Bank of Korea with the maximum debt amount of KRW 192 million (10 million).

A lease agreement entered into on January 2019 with respect to the instant real estate shall be as follows:

On February 29, 2018, the 500,000 won for the lease deposit of the lessee marked by the lessor on the date of the contract date of the family room contract, the Plaintiffs, Defendant I-3 2F on May 16, 2018, the Plaintiffs, J 50,000 won, and Defendant J 3 K-4 3 K on November 4, 2015, the 90,000 won for the lease contract of KRW 20,000,000 per month, but in fact the 1,00,000 won per month (Defendant’s response on January 18, 2019), Defendant J 20,000 KRW 50,000 for KRW 9-14,50,000 for KRW 5,500,000 for KRW 50,000 for the Plaintiffs on September 14, 2018.

arrow