logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.16 2019나45991
부당이득금
Text

The judgment of the first instance shall be revoked.

The plaintiff (Counterclaim defendant)'s action against the defendant B shall be dismissed.

Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the Parties:

Attached Form

The E and F shared 1/2 shares of each E and F, but G purchased F’s share in the compulsory auction procedure on July 1, 201.

B. Since then, Defendant B filed a report on the right and demand for distribution as a lessee, along with a lease agreement signed on February 20, 2012 to February 19, 2014, and January 16, 2012, from February 20, 2012 to February 19, 2014.

On June 17, 2016, the executing court of the above auction prepared a distribution schedule containing the distribution of KRW 21,288,576 to Defendant B on the date of distribution.

Since then, it was revealed that Defendant B was the largest tenant through a lawsuit of demurrer against distribution, and the amount of dividend was corrected to KRW 19,611,435.

(Seoul Central District Court 2016dan51412). (c)

E filed a lawsuit for return of unjust enrichment by asserting that he/she occupied and used No. D with Defendant B, G, and the appellate court of the said lawsuit determined that G and Defendant B jointly occupied and used No. D from March 27, 2012 to May 22, 2013.

(Seoul Central District Court 2013Na35664). D.

On the other hand, the Plaintiff, as a wife of E, was transferred D's co-ownership shares due to inheritance due to an agreement division upon the death of E on August 8, 2014.

Defendant C, who is a son of G, died on July 15, 2018 and received a report of renunciation of inheritance by H, who is a co-inheritors (Seoul Family Court 2018 Ma52930).

The Defendant C’s report on qualified acceptance was accepted on November 21, 2018.

Seoul Family Court (Seoul Family Court Decision 2018 Dodan53481). 2. As to the principal lawsuit

A. 1) Claim against Defendant C (Selective Claim G) unjust enrichment amounting to the rent by solely occupying and using subparagraph D from May 23, 2013 to September 11, 2016.

G During the above period, heading D.

arrow