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(영문) 인천지방법원부천지원 2020.10.15 2020가단3866
부당이득(횡령)금 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s deceased father C (the deceased on February 9, 2012, hereinafter “the deceased”) had five South Koreas, including the deceased and female E, the South and North Defendant, the South and North Korean Plaintiff, the South and North Korea F, and the son and female G, between the deceased and the deceased and the deceased (the deceased on April 24, 2003).

B. As inherited property, the deceased left H building (one floor, three floor, and four floor shall be each studio 4 households, the second floor shall be one household for a single house, and hereinafter “instant building”) in Bupyeong-si, an aggregate building.

C. The Defendant, while managing the instant building, concluded or renewed a lease agreement with the occupants. As to subparagraph 1 of the instant building, the lessee was paid the lease deposit amounting to KRW 45 million. As to subparagraph J of the instant building, the lessee was paid KRW 30 million.

Since August 2019, the Plaintiff, the Defendant, and the brothers and sisters agreed on the inheritance of G among the instant buildings by women E, M, and N, the Defendant, O, P, J, J, I, the Plaintiff, Q, R, and M, T, and U.

E. The Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on August 14, 2019 following the agreement on division of inherited property as to the building J and I of this case on February 9, 2012 due to inheritance by division as of February 9, 2012.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1, 2, and 3 (including each number), and the purport of the whole pleadings

2. The summary of the Plaintiff’s claim is the Plaintiff’s ownership, and KRW 75 million in total is the Defendant’s receipt of the lease deposit and the Defendant’s arbitrary custody without due authority.

Therefore, the defendant is obligated to return 5 million won remaining after deducting 20 million won as agreed to deduct to the plaintiff as unjust enrichment or embezzlement.

3. Determination of the facts that Jho Lake and I of the instant building owned by the Plaintiff, and the Defendant’s lease deposit with respect to the previous building Jhoho Lake and I.

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