logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.09.25 2018나2052175
부당이득반환
Text

1. Of the judgment of the court of first instance, the remainder except for the part claiming the plaintiff A's main lawsuit shall be modified as follows:

Reasons

1. Basic facts

A. The current status of inherited property and property management 1) The network D (hereinafter “the deceased”) at the time of the deceased’s death

(1) On April 30, 2007, the deceased died. On April 30, 2007, the deceased’s heir (the deceased’s spouse), there were Plaintiff A, E, F, Defendant, G, and Plaintiff B, who is the deceased’s spouse, and the deceased’s heir (the deceased’s spouse), I, children, J, K, and L (hereinafter “the deceased’s heir”) who is the deceased’s spouse in 196, and the deceased’s heir and substitute inheritors, collectively, are “he co-inheritors.”

2) At the time of the deceased’s death, there were 21 real estate (hereinafter “real estate in the name of the deceased”) including the value of 91 square meters in the Dong-gu Daejeon-gu M road and 14 real estate shares (hereinafter “H real estate shares”) in the name of the deceased, including the value of 849.9 square meters in the name of the deceased, which are held in trust with the deceased H (hereinafter “real estate shares in the name of the deceased”).

On March 22, 1999, the Seoul High Court Decision 98Na53020 (9s2293) held that the deceased and the replacement heir shall use and benefit from the above real estate shares until December 31, 2009, and pay a certain amount of monthly living expenses to the replacement heir with respect to the real estate shares in H’s name. The conciliation was concluded to the effect that “The deceased left the title of the real estate shares in H’s name as it is with the network H, and he shall use and benefit from the said real estate shares until December 31, 2009, and the deceased shall pay a certain amount of living expenses to the replacement heir.”

3) Among the deceased’s successors, Plaintiff A, F, G, Defendant, and Plaintiff B (hereinafter “Plaintiff A”)

(1) On November 10, 2007, on the part of the deceased’s real estate and H’s ownership in the name of the deceased until the completion of the division of the deceased’s inherited property on November 10, 2007, in order to manage the real estate located in Seoul North Korea by F, and the real estate located in Daejeon by the Defendant, respectively, and to minimize the burden of additional tax until the division and compatibility of the inherited property is completed, coinheritors agreed to the time of payment of the inheritance tax as the front device

(b) the title title title, abbreviationd, H Shares in real estate in H.

arrow