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(영문) 서울중앙지방법원 2020.01.17 2019가합502407
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status network E of the parties married to F and formed Defendant G, Plaintiff A, and C as their children, and Plaintiff B is the wife of G.

B. On September 4, 2012, the deceased E and the deceased of the deceased on September 4, 2012, the inheritors completed the registration of share transfer on the ground of inheritance due to the agreement division as of March 20, 2013 by the receipt of the Seoul Central District Court’s registration No. 67432, as to the one-fourth share of the instant building (hereinafter “instant building”).

C. On February 14, 2017, the Seoul Central District Court’s receipt of the registration of Seoul Central District Court No. 25454, Aug. 16, 2016, following the death of the deceased G and the inheritance of Plaintiff B’s death on August 16, 2016, Plaintiff B completed the registration of transfer of shares based on inheritance by agreement division as to the shares of the deceased G (1/4) among the instant buildings on February 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The presumption income of the building of this case presumed based on the details of payment of value-added tax on the building of this case and the profits to be distributed to each co-owner are as shown in the attached Table 2 [Attachment 1] and the "profit to be distributed to each person".

However, the defendant paid only the money recorded in the column of "amount paid during the period" in attached Table 2 [Attachment 2], [Attachment 3], [Attachment 4], [Attachment 2], [Attachment 3], and [Attachment 4], to the plaintiffs, and did not pay the money recorded in the column of "unlawful enrichment".

Since the defendant is a malicious beneficiary, it is required to pay compensation for damages incurred by returning interest on the interest received pursuant to Article 748(2) of the Civil Act. The defendant is obligated to return unjust enrichment to the plaintiffs as a performance of obligation to return unjust enrichment. The defendant is attached Table 2, [Attachment 2], [Attachment 3], [Attachment 4], and the "total sum of unjust enrichment and interest",

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