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(영문) 서울고등법원 2015.07.09 2014나2032630
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff A’s wife, Plaintiff B, and C, who died on April 1, 2004, are children of the deceased H.

B. The deceased H is a child of the deceased I (hereinafter “the deceased”), who died on August 13, 2012, and the Defendants are the children of the deceased and the children of the deceased.

C. Around May 28, 1983, the Deceased purchased and owned a house of JJ 95.3 square meters and its ground (hereinafter “instant real estate”). On May 23, 2008, the Plaintiff sold the instant real estate to K and L for KRW 390 million on May 23, 2008, and sold the instant real estate to K and L for KRW 70 million among them, which had the Plaintiff take over the obligation to return the deposit for the instant real estate, in lieu of payment.

On April 8, 2012, the Deceased paid KRW 130 million to Defendant E on July 23, 2012, KRW 50 million to Defendant G on July 23, 2012, and KRW 31 million on August 1, 2012. Defendant D used KRW 12,643,230 as the medical expenses of the Deceased on Board, KRW 12,643,230 as the funeral expenses of the Deceased on Board, and KRW 5.5 million as the funeral expenses of the Deceased on board, respectively.

E. At the time of death, the deceased was in fact not having any particular asset including financial assets.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 6, 10, Eul evidence Nos. 7 (including Serials), the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the plaintiffs' assertion 1) The defendants received all the proceeds from the disposal of the real estate in this case, which falls under the inherited property of the deceased on board (i.e., KRW 390 million - KRW 70 million - 70 million), while the plaintiffs did not have been distributed at all, the defendants infringed the plaintiffs' inheritance rights. Thus, if the proceeds from the disposal of the real estate in this case, which is the inherited property, are calculated according to the plaintiffs' inherited property, the amount of inheritance of the plaintiff A = 27,428,571 x 320 million x 320 million x 50 million x 1/5 x 1/5 of the inheritance of the deceased on board of the deceased on board of the deceased on board of the deceased on board of the deceased on board of

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