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(영문) 부산지방법원 2020.10.15 2019가단303243
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 29, 2007, the registration of transfer of ownership in the name of the Plaintiff and the Plaintiff’s Dong-dong D was completed on July 12, 2006 due to the inheritance due to the consultation and division on July 12, 2006, with respect to each of the real estates listed in the separate sheet (hereinafter “instant real estate”) which was originally owned by the Plaintiff’s father and the Defendant’s husband, C (hereinafter “the deceased”).

B. After that, the instant real estate was sold to another person during the course of the instant lawsuit in the Busan District Court E Real Estate Auction case commenced on December 6, 2018 upon the Plaintiff’s application.

(The due date for the purchase price by the purchaser of the auction procedure is February 18, 2020).

However, since the Plaintiff acquired the ownership of 1/2 shares in the instant real estate, the Defendant continued to receive rent from the lessee of the instant real estate until the date of sale.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness D's testimony and purport of whole pleading

2. The Plaintiff asserted that the parties concerned received KRW 2,250,00 per month from the date the Plaintiff commenced commencing the inheritance to the Defendant as rent for the instant real estate until June 27, 2016, and KRW 2,950,00 per month from the next day to the day immediately preceding the payment date of the sale price to the day immediately preceding the above payment date. The Defendant asserts that the Plaintiff had an obligation to pay the Plaintiff’s share of KRW 20,242,204 [2,50 x 12,70 x 365 x 2,365 x 365 x 360 x 1365 x 1365 x 205 x 360 x 1365 x 209 x 365 x 1465 x 209 x 1365 x 209 x 205 1363197 x 20419.25 x 2063197 x 20419.20

① The successors of the deceased, including the Plaintiff and the Defendant, at the time of the agreement on the division of inherited property.

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