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1. The Plaintiff:
A. As regards Defendant B’s KRW 167,038,738 and its KRW 110,00,000 among them, Defendant B shall start on January 6, 2012 and remainder on 57.
Reasons
1. Facts of recognition;
A. 1 Donation of the shares in a building) The mother of D, Defendant B, and E, the Plaintiff’s wife, F, the Gangnam-gu Seoul Metropolitan City G Site and Ground Building (hereinafter “H building”).
(2) On February 25, 200, F owned the H building on February 25, 200 to the Plaintiff, D, Plaintiff’s children I, J (hereinafter collectively referred to as “Plaintiff, etc.”) and Defendant C, Defendant’s wife, Defendant’s children K, L, L, M (hereinafter referred to as “Defendant and C, K, L, L, and M”) on a net order basis, and Defendant C, Defendant’s children K, L, and M (hereinafter referred to as “Defendant and C, K, L, and M”), 1D 25/100 shares of 19.167/100 3.83/100 3.33/100 3.83/100 48.083/100 J. 3.3/100 483/308.38/1083 of the following shares, including Plaintiff, etc.:
B. Defendant B, the co-ownership share owner of H building in H building, did not distribute to the Plaintiff, etc. the sum of KRW 541,800,000,000 received from the lessees of H building from January 1, 2010 to June 30, 2013.
C. On July 30, 2009, the assignment of claims D, I, and J transferred to the Plaintiff the claim for return of unjust enrichment in relation to the rent of H building against Defendant B, which was notified of the assignment of claims on August 13, 2009. The notification reached the Defendants around that time.
【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1, 2, and 9-1, 2, 14, and 15-1, and the purport of the whole pleadings
2. Determination as to the cause of action
A. Of the rent of H building, the Defendants, including the Plaintiff, received rent from the lessee of the said building while jointly using H building, and did not distribute it to the Plaintiffs, and without any legal cause, acquired KRW 260,515,319 equivalent to the Plaintiff’s share during the said rent. (2) The Plaintiff paid the Plaintiff’s unjust enrichment from the tax party paid on behalf of the Defendants and taxes related to the H building rental business on behalf of the Defendants. Accordingly, the Defendants were to have their total amount of 78,034 without any legal cause.