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(영문) 춘천지방법원 2017.06.28 2016가합196
부당이득금반환
Text

1. The defendant shall pay 10,713,090 won to each of the plaintiffs.

2. The plaintiffs' respective remaining claims against the defendant.

Reasons

1. Basic facts

A. The relationship 1 between the Plaintiffs and the Defendant is the network F (hereinafter “the network”).

(2) The Deceased died on December 9, 2006.

B. 1) After the death of the deceased, the Plaintiffs: (a) each of the real estate listed in [Attachment List Nos. 1 through 17, 19, and 21 (hereinafter “each of the instant real estate”) against the Defendant and G as the Chuncheon District Court 2012Rahap12, G; and (b) each of the real estate listed in [Attachment List Nos. 1 through 17, 19, and 19, respectively

G and the defendant sought an adjudication on the division of inherited property regarding the division of inherited property, and against the decision on the contributory portion and the division of inherited property as the Chuncheon District Court 2012Rahap13.

On December 18, 2014, G and the Defendant’s claim for determination of the contributory portion is dismissed, and each of the above real estates is divided into shares owned by the Plaintiffs and the Defendant with respect to each of the said real estates by 2/13 shares, and by 3/13 shares.

‘Adjudgment' has been made.

Although both appeals were filed by the Seoul High Court (Chuncheon) 2015B1 case, the appeal dismissal decision was rendered on January 26, 2016. The above decision became final and conclusive around that time.

2) Meanwhile, the Plaintiffs filed a claim for partition of co-owned property on each of the instant real estate with the Chuncheon District Court 2016Kadan1826, which was against the Defendant and G, and on June 29, 2016, the said court rendered a ruling of recommending reconciliation with the purport that “The amount remaining after deducting the auction costs from the proceeds of the sale of each of the instant real estate sold at auction shall be distributed to each of the Plaintiffs and the Defendant at the ratio of 2/13 shares, and 3/13 shares, respectively,” and the said ruling became final and conclusive at that time. [Grounds for recognition] The said ruling became final and conclusive at that time. [In the absence of any dispute, evidence Nos. 2 through 4, and evidence Nos. 1 through 3 (

each entry, the purport of the whole pleading

2. Determination on the cause of the claim

A. The Defendant asserted the Plaintiffs’ assertion from December 10, 2006 to December 2016, 2016, following the death of the deceased.

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