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(영문) 창원지방법원 진주지원 2018.08.08 2017가합10384
부당이득반환청구의 소
Text

1. The Defendant’s KRW 81,814,463 as well as the Plaintiff’s annual rate of 5% from February 28, 2017 to August 8, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant, as co-inheritors of the deceased deceased deceased deceased on July 30, 2015, inherited the real estate listed in the separate sheet No. 1.

B. On August 11, 2015, the Plaintiff and the Defendant made an agreement to equally inherit the deceased’s inherited property and the inherited property additionally discovered, with respect to the division of inherited property: (a) agreement on division of inherited property; (b) agreement on division of inherited property, which stipulates that all taxes and all expenses incurred due to inheritance shall be borne equally by one-half each; (c) insurance assets; (d) lease income from the real property subject to the agreement on division of the said inherited property; and (e) lease income from the real property not identified; and (e) to equally distribute the real property owned by the deceasedD, one-half each, after deducting all expenses, such as each month’s expenses and all expenses, from the commencement of inheritance; and (e)

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

On September 17, 2015, the Plaintiff and the Defendant completed the registration of ownership transfer or the registration of ownership preservation as to each one/2 of the real estates listed in the [Attachment 1] Nos. 1 through 5, as to each one/4 of the real estates listed in the No. 6, and one/6 of the real estates listed in the No. 6.

Since then, on September 13, 2017, the real estate Nos. 4 and 5 acquired the ownership by winning a successful bid at the auction procedure by a third party, and the real estate Nos. 2 and 3 (hereinafter “instant commercial building”) entered in the auction procedure is subject to the Defendant’s bid at the auction procedure for dividing the jointly owned property on November 13, 2017, and completed the registration of ownership transfer solely as owned by the Defendant.

The Plaintiff resided in the U.S. before the deceased, and after the death of the deceased D, the real estate listed in the separate sheet No. 1, jointly owned by the Plaintiff and the Defendant (hereinafter “instant real estate”) is managed by the Defendant and the Defendant’s husband, and the profits and management expenses incurred therefrom are collectively referred to as “joint management account” in the name of the Defendant and E.

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