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1. The Defendant’s KRW 18,92,302 as well as 5% per annum from April 8, 2016 to November 16, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The defendant is the south of the Negation and the mother D, and the plaintiff is the south between them.
C A deceased on January 14, 2014, and C succeeded to 3/13, the wife, the Plaintiff, the Defendant, the E, the F, and G, respectively, in proportion to 2/13.
B. On May 26, 2014, C’s inheritors completed the inheritance registration of the heir’s name with respect to H large 262.3 square meters and ground buildings (the five stories above the ground, the first floor below the ground; hereinafter “I building”) owned by C on May 26, 2014, and sold it to a third party and completed the registration of ownership transfer in the name of a third party on August 29, 2014. The Defendant received KRW 16,460,000 monthly rent during the said period.
C. Meanwhile, D entered into each of the following insurance contracts on August 29, 201, between Korea-Japan Non-Life Insurance Co., Ltd. and D, around October 31, 201, around 201, respectively.
1) Major policy holders: D, the insured, and the period of the contract: From August 29, 201 to August 29, 2011, the beneficiary of death insurance: statutory heir, beneficiary of death insurance: Plaintiff 2) the major contents of the comprehensive insurance policy for non-payment of dividends: D, beneficiary: D, beneficiary of maturity: From October 31, 201 to October 31, 2016; the object of fire insurance: I building; and the beneficiary of non-payment insurance as the insured for the insured; the beneficiary of non-payment of death insurance.
D. On February 12, 2014, the Defendant received the amount of KRW 49,684,490 (i.e., the amount of KRW 41,217,030 (the amount of KRW 8,467,460) of the refund for termination of insurance after the termination of each of the above insurance contracts (i.e., the amount of KRW 41,217,030).
E. D A deceased on July 20, 2015, and his/her property was inherited by the Plaintiff, Defendant, E, F, and G in proportion to 1/5, respectively.
[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to Gap's evidence 6, purport of whole pleadings
2. The parties' assertion
A. The heir, including the Plaintiff’s claim for the return of the monthly rent for the first time, succeeded to the I building jointly after the death of C, the Defendant received a congested monthly rent.