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(영문) 서울동부지방법원 2017.10.20 2016가합100988
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The network E owned the land in Seongbuk-gu Seoul Metropolitan Government (hereinafter “F”) and its ground (hereinafter “F building”; F real estate (hereinafter “F real estate”); and the land in Songpa-gu Seoul and its ground (hereinafter “G real estate”); and F real estate together with F real estate. However, on November 30, 2001, G real estate was donated in 1/6 shares to the Plaintiffs, Defendant C, H, I, and Defendant D, who were their children, each of whom completed the registration of transfer of ownership, and died on September 22, 2002.

B. On November 17, 2013, the 1/6 share of G real estate donated by H was succeeded to by the J, its mother, as the H died on November 17, 2013. On August 5, 2014, the Plaintiffs, Defendant C, and I, who were children of J, were succeeded to 1/24 shares of each of them, respectively.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 10 evidence, Eul 1, Eul 2 evidence (including additional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of this Court

A. The plaintiffs' assertion 1) from the lessee of G real estate to August 2014, 206, Defendant C received a total of KRW 1.44 billion from the lessee of G real estate, and the total of KRW 127.5 million from September 2014 to December 2015. From the lessee of F real estate, the amount of KRW 3.91.3 billion from January 2006 to July 2014, which is the date the J died. Accordingly, the plaintiffs, co-owners of each real estate of this case, who were the above co-owners of each real estate of this case, were paid KRW 2.53,69,16 [the amount of KRW 1.4 billion to the above plaintiffs' share x KRW 2.365 billion to the lessee of G real estate x KRW 1.360 million x 1.366 billion to the above plaintiffs' share x 2.1.3 billion x 1.3655 billion to the lessee of the above real estate.

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