(영문) 의정부지방법원고양지원 2020.12.09 2020가단73996

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(영문) 의정부지방법원고양지원 2020.12.09 2020가단73996

부당이득금

Text

1. The Defendant’s KRW 16,724,247 as well as the Plaintiff’s annual rate from August 6, 2019 to December 9, 2020, and the following.

Reasons

1. Basic facts

A. The deceased C and D’s death and the inheritance of its property 1) deceased on January 22, 2005, and the property was inherited by the deceased, the spouse, the Plaintiff, the Defendant, and the Defendant. On January 22, 2005, the deceased and the Plaintiff, the Defendant, and the Defendant: (a) drafted a written agreement on division of inherited property with the following purport regarding the inherited property, including the land of Seodaemun-gu Seoul and the above-ground Housing (hereinafter “the instant real property”), owned by the deceased C; (b) the real property of this case shall be owned by the deceased 1/3, and the Defendant 2/3; and (c) the property of this case shall be owned by the deceased and the Nonparty 10, respectively, on July 14, 2005, the deceased and the Defendant completed the registration of ownership transfer due to the division of inherited property due to the agreement between the deceased and the Defendant 1/3, and the Defendant on January 23, 2005.

3) On November 20, 2015, the Deceased died and the property was inherited by the Plaintiff, Defendant, and Party E. The Plaintiff, Defendant, and Party E succeeded to the property. On January 25, 2016, the Plaintiff and Party E completed the complete registration of transfer of all shares on the ground of “1/9 shares (1/3 shares x 1/3 shares x 1/3 shares x 1/3 of each inheritance on November 2015)” as to “the inheritance on November 20, 2015,” among the instant real estate. (B) The Plaintiff filed a claim for a trial on division of inherited property with the Defendant and Party E (1), including the decision on division of inherited property, etc.) with the Plaintiff and the Defendant as the other party to the claim for a trial on division of inherited property (2016D 6010, 3010, 2017B345, Seoul High Court). In the appeal trial of the said trial (Seoul High Court Decision 2017B392, 37437, and 3234,”.

The instant revision was finalized on June 13, 2019 by dismissing the reappeal.

2 The plaintiff and the defendant on August 5, 2019.

유사 판례

-서울중앙지방법원 2012.12.20 2011가합16733

-대구지방법원 경주지원 2021.01.27 2020가단14355

-서울중앙지방법원 2015.01.07 2013가합8910

-대구지방법원 경주지원 2021.01.27 2020가단14355

-대전지방법원 2019.01.09 2017가단217219