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(영문) 서울고등법원 2019.07.05 2018나2036272
정산금 청구의 소
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. Basic facts

A. Plaintiff A is the spouse of D who died on June 22, 2009 (hereinafter “the deceased”), and Plaintiff B, E, F, and G are the children of the deceased and co-inheritors.

In order to raise funds to pay taxes, such as inheritance tax, the Plaintiffs delegated the Defendant with the sale of part of the real estate in order to raise funds to pay taxes, as well as inheritance tax.

(hereinafter “instant delegation contract”). B.

The history of the division, merger, etc. of each of the instant lands is as indicated in the corresponding “land history” column in the separate sheet, and all of them were owned by Plaintiff A through inheritance consultation division. Upon the Plaintiff’s request, the Defendant concluded a sales contract with the purchaser on the date indicated in the corresponding “sale Date” column in the corresponding “sale Date” column in the separate sheet as to each of the instant lands, and completed the registration of ownership transfer on the date indicated in the relevant “sale Date.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 30 to 32 (including numbers, unless otherwise mentioned in relation to provisional items; hereinafter the same applies) and the purport of the whole pleadings.

2. Determination on the main claim

A. Article 684(1) of the Civil Act provides that “The mandatary shall deliver money, goods, and fruits received from the management of the delegated affairs to the mandator” (Article 684(1) of the Civil Act provides that “Unless there are special circumstances, such as the mandatary’s duty to deliver the acquired goods to the mandator, the obligation to repay the expenses incurred in the entrusted affairs by the mandatary, and the repayment of the expenses incurred in the entrusted affairs by the mandatary, etc., the mandatary shall receive from the management of the entrusted affairs.”

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