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(영문) 서울중앙지방법원 2018.05.10 2017가합500193
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C (as the father of the Plaintiff and the Defendant, and the Plaintiff and the Defendant are the siblings) constructed a building for underground floors, inns of five floors above ground and for public restaurant usage (hereinafter “instant building”) on the ground of 1114.6m2 of the Gangnam-gu Seoul Special Metropolitan City E site (hereinafter “instant land”) with D and co-ownership (C’s share 514.6/587.3, and D’s share 72.7/587,3), a spouse, and completed registration of ownership preservation in its name on July 5, 1984.

B. On June 15, 2001, C donated 43.81% of the shares in the instant building and land (hereinafter “instant real estate”) to the Plaintiff (hereinafter “instant donation”). On the same day, C donated 12.37% of the shares in the instant building (3/587.3 of the shares in the instant land, and 1118.46/252.95 of the shares in the building) to D, and completed the registration of ownership transfer for each of the instant shares on the 20th of the same month.

C. On June 20, 2014, C also donated 10% of the shares in the instant real estate to the Defendant (5.73/587.3 of the shares in the instant land, and 255/295/2552.95 of the shares in the building) and completed the registration of ownership transfer on July 11, 2014.

After December 21, 2014, C (hereinafter “the deceased”) died on December 21, 201, and the Plaintiff, the Defendant, D, and the deceased’s father, F, G, and H (G and H shall acquire U.S. nationality, and their husband’s gender shall prevail) agreed that three of the deceased’s share in the instant real estate shall be inherited by the said father, and the Plaintiff, the Defendant, and D shall not receive inheritance.

According to the above agreement on the division of inherited property, F succeeded to 16.9% of the shares in the instant real estate (9.285/587.3 of the shares in the instant land, 431.5825/2525/2552.95 of the shares in the instant building) and G and H respectively 8.45% of the shares in the instant land (49.6425/587.3 of the shares in the instant land, respectively, and 215.79/2552.95 of the shares in the instant building).

E. Meanwhile, since departure from the Republic of Korea on March 9, 2002 from the Republic of Korea to the United States, the Plaintiff works for approximately 13 years as a public official of the Postal Authority in the United States of New Zealand.

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