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Reasons
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(영문) 서울동부지방법원 2020.01.31 2018가합1283
부당이득금
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1. The Defendant’s KRW 169,115,860 to Plaintiff A and the following: 5% per annum from August 3, 2018 to January 31, 2020, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are the children of the deceased D (hereinafter “the deceased”). The Defendant, as a woman of the deceased, was the mother of the deceased, managed part of the deceased’s property.

B. On December 13, 2002, No. 135701, the Deceased’s completion of the registration of ownership transfer due to testamentary gift on January 13, 1994; No. 92972, Oct. 7, 2016; and the Plaintiff’s completion of the registration of ownership transfer due to inheritance by agreement division on October 7, 2016; receipt No. 92973, Dec. 19, 2016; and Defendant’s registration of ownership transfer due to the purchase promise on December 5, 2016.

C. On May 7, 2009, No. 8518 of the record of change of ownership of the real estate listed in attached Table 1 List No. 3 (hereinafter “Sacheon-gun Land”), the deceased’s registration completion of the registration of transfer of ownership with respect to the third/7 shares of the above real estate due to inheritance on March 22, 2009, No. 24850 of the receipt of December 13, 2016, and Plaintiff B’s registration completion of the registration of transfer of ownership due to inheritance on October 7, 2016 (3/7 of the above real estate), the entire registration of shares of the deceased’s (3/7 of the above real estate) was completed on December 13, 2016, and the Defendant’s registration of transfer of ownership on the Plaintiff’s share (3/7 of the above real estate) due to a pre-sale on December 5, 2016 (including the entire number of pleadings number No. 1).

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion 1) while managing the building E, the defendant kept a total of KRW 201,788,400 (total of KRW 160,500,000,000 for rental deposit, KRW 17,500,000 for rental deposit, and KRW 24,288,400 for funeral expenses of the deceased, and KRW 31,444,400 for the deceased and the plaintiffs. As such, the defendant paid KRW 172,344,00 for the deceased and the damages for delay, the difference shall be refunded to the plaintiff A.

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