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(영문) 서울중앙지방법원 2017.01.13 2016가합548761
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts are found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and Eul evidence Nos. 1-1 and 2, taking into account the overall purport of the pleadings:

A. The Defendant (Appointed Party; hereinafter referred to as the “Defendant”); D; E; F; G (hereinafter referred to as the “Defendant”); and Plaintiff B’s children of Nonparty He (Death on September 15, 1986; hereinafter referred to as “the deceased”); Plaintiff A’s wife and the mother of Plaintiff B; and all co-inheritors of the deceased.

B. On August 29, 1986, the plaintiffs and the defendant et al. owned I apartment 313 Dong 201 (hereinafter "the apartment of this case") from the non-party Korea Land and Housing Corporation and paid the sale price in full. On August 29, 1986, the plaintiff and the defendant et al. owned by the plaintiffs as to the I apartment 313 Dong 201 (hereinafter "the apartment of this case"). The Seoul Dobong-gu

(hereinafter “instant agreement on division of inherited property”). C.

On the other hand, as the ownership transfer registration of the apartment of this case was not completed in the name of the deceased, the non-party K zone reconstruction and improvement project association exercised the right to demand sale against the Korea Land and Housing Corporation registered as the owner and deposited KRW 351,783,710 in the future.

On January 8, 2016, the Korea Land and Housing Corporation paid a total of KRW 351,783,710 as well as interest on the above deposit and interest on the deposit, and deposited a total of KRW 72,784,050 for the defendant as an amount equivalent to the statutory inheritance under Article 1009 of the former Civil Act (wholly amended by Act No. 4199 of Jan. 13, 1990) regarding the plaintiffs and the defendant, who are co-inheritorss of the deceased, as well as the defendant, etc. as co-inheritors, and deposited the amount equivalent to KRW 72,784,050 for the defendant, KRW 12,129,502 for the selected person D, KRW 129,502 for the selected person D, KRW 521,527 for the plaintiff and KRW 72,784,050 for the plaintiff A.

(Seoul District Court No. 105, 2016, hereinafter referred to as "the deposit of this case"). D.

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