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Reasons
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(영문) 서울중앙지방법원 2019.05.03 2017가단88498
부당이득금반환 등
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1. Of the instant lawsuit, the part demanding the payment of money calculated at the rate of KRW 3,111,300 per month from March 23, 2019.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on December 17, 2015, and the original and Defendant, the inheritor, and D completed the registration of ownership transfer on January 18, 2016 with respect to each 1/3 portion of the Gangnam-gu Seoul Party E Land and Ground Buildings (hereinafter “instant building”).

B. On the other hand, on February 17, 2011, the Plaintiff, the Defendant, and D drafted each of the following descriptions:

(hereinafter referred to as "each letter of this case"). [The part in which the original, the Defendant, and D's external third villages are made up of the same text], the Plaintiff, the Defendant, and D will be carried out according to the determination of the thickness with respect to the distribution of property and monthly income owned by the river, the river, and the river.

To comply with this undertaking, N.S., N. L. L. L. L. L. L. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L

I will not raise any objection.

(A) [The part which the Defendant was entitled to receive] (1) when he returned to Korea after the inheritance of property, he shall pay 600,000 won per month.

(2) The instant building after inheritance shall be preserved for 15 years.

(3) Each letter of witness shall be kept in one copy and one copy.

④ Except public charges for the instant building, 55% is added to D.

D 5%, Defendant 45%

C. D currently resides in the first floor of the instant building, and the Defendant leased and managed the instant building from the time when the Deceased was alive, and paid KRW 300,000 per month of the rent received from the Plaintiff from September 21, 2016 to September 29, 2017, among the rent of five units (H, I, J, K, and L) among the total of 10 units of the second floor, the total of 10 units of the third floor, and the remainder of five units of the five units of the building (M, N,O, P, and Q).

[Grounds for Recognition] Unsured Facts, Gap, Gap, 1, 2, 7, 8, 8.

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