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(영문) 서울북부지방법원 2021.02.05 2019가단106146
부당이득금
Text

1. Defendant G each of the Plaintiffs:

(a) 12,013,508 Won and its interest thereon from June 19, 2020 to the day of complete payment.

Reasons

1. The following facts of recognition do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the arguments as a whole in the evidence A (including a numbered evidence) of Nos. 1, 2, 4, and 6:

A. The deceased I (hereinafter “the Deceased”) died on September 26, 2014.

As the deceased’s heir, J, L, M, N, and Defendant H, which are the wife’s children between the above Defendant G and the above Defendant, and the Plaintiff A, B, and C, who are children between the divorced wifeO, and was de facto marital relationship.

There are Plaintiffs D, E, and F, who are children between P departments.

B. A decision to recommend reconciliation was made on December 27, 2018, stating that “The instant real estate is divided into the ownership of 3/27 shares by Defendant G, the Plaintiffs, and the remaining Defendants and the J, K, L, M, and N, each of 2/27 shares by dividing the instant real estate into the ownership of 3/27 shares by December 27, 2018,” in the case of a claim for adjudication on division of inherited property regarding the real estate indicated in the order that had been between the deceased and the deceased’s successors, including the original and the Defendant (hereinafter “instant real estate”).

(c)

Defendant G had resided in the instant real estate from June 10, 2005, and Defendant H completed a move-in report on the resident registration of the instant real estate around June 17, 2013.

2. The assertion and judgment

A. Since September 26, 2014, the Defendants asserted that the instant real estate, which was inherited property, was used exclusively or exclusively by excluding other inheritors from the deceased’s death from September 26, 2014, to the present date, the Defendants are obligated to return the profits equivalent to the respective inheritance shares of the Plaintiffs as unjust enrichment.

B. The determination of co-owners may use and take profit from all the co-owned property at the ratio of shares, and matters concerning the management of the co-owned property are determined by a majority of shares of the co-owners. Thus, the method of management of the co-owned property is legitimate if part of the co-owners exclusively possess and use all the co-owned

However, all the co-owned properties are exclusively owned.

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