1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

In the first instance court, the plaintiff filed a claim for restitution of unjust enrichment due to the payment of inheritance tax and the disbursement of the repair cost for the inherited property in the principal lawsuit against the defendant, and the defendant filed a claim for restitution of unjust enrichment against the plaintiff as a counterclaim.

The first instance court rejected the claim for return of unjust enrichment due to the payment of inheritance tax while citing only the claim for return of unjust enrichment due to the payment of inheritance tax, and rejected the claim for return of unjust enrichment due to the payment of repair cost for inherited property.

Therefore, since only the defendant appealed against the defendant as to the part of the judgment of the court of first instance against the defendant as to the main lawsuit, the scope of the judgment of this court is limited to the portion of the plaintiff's claim for return of unjust enrichment due to the payment of inheritance tax.

Basic Facts

The plaintiff and the defendant's inheritance are the children of C and D.

Pursuant to Article 1009 of the former Civil Act (amended by Act No. 4199 of Jan. 13, 1990), the inherited property was inherited by the Plaintiff at the ratio of 2/8, D, and the Defendant, respectively, 3/8 (hereinafter “first inheritance”), but the inheritance registration of inherited property was not made. Since D died on July 28, 2005, its inherited property was inherited at the ratio of 1/2, respectively, by the Plaintiff and the Defendant pursuant to Article 1009 of the Civil Act (hereinafter “second inheritance”); from May 30, 2006 to November 30, 2006, the registration of ownership transfer was completed only due to the first and second inheritance.

The details, shares, etc. of the real estate inherited by the plaintiff and the defendant due to the first and second inheritance shall be as shown in the attached list of inherited property.

(2) In light of the above legal principles, the Plaintiff and the Defendant’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir’s primary heir.