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(영문) 서울중앙지방법원 2018.07.24 2017가단5198550
부당이득금
Text

1. Defendant C’s each of the Plaintiffs’ KRW 73,741,686 and KRW 60,000,000, respectively, shall be from November 8, 2017, and each of the said KRW 13,741.

Reasons

1. Facts of recognition;

A. The parties involved Defendant C, Defendant D, Plaintiff B, and Plaintiff A are siblings who were born between the father network E and the mother network F.

B. The ownership relationship of 874.8 square meters in Gangnam-si, Gangnam-si Ga 874.8 square meters (hereinafter “G land before division”) is deemed as G land of 1373.5 square meters in Gangseo-si, Gangnam-si.

Before E’s death ( December 12, 1994), E and F shared (E shares 698/797 for E shares and 99/797 for F shares). After the death of E, there was statutory inheritance for E’s shares in G land before division. As a result, the G land before division was owned by F and children, and the Defendants, as follows.

① Equity shares in F: 99/797 (=1089/8767: Existing Equity Shares) 2094/8767 (Shares in Inheritance) =3183/8767 (Shares in Inheritance): each of the respective equity shares of the Defendants and the Plaintiffs: 1396/877 (Inheritance Shares)3) and thereafter, on February 20, 2008, G land before the split-off on February 20, 2008 is H-si H-si 498.7 square meters (hereinafter “H land”).

2) The instant land is deemed as “instant land” after the partition of land between the Plaintiff and the Plaintiff and the Plaintiff (hereinafter “instant land”).

(2) The Defendants and the Plaintiffs shared co-owned share of the instant land on August 26, 2009, on the ground of co-owned property partition on August 26, 2009.

[The shares of the defendants and the plaintiffs: Each 1396/8767 ( Existing Shares) 795/8767 (Additional Shares) =75/8767 (=1/4)]

C. On the other hand, on the ground of the instant land, I Dong Building (Housing) and Jdong Building were newly constructed between 190 and 1991 on the ground of the instant land (which was newly constructed on the G land before division, but the said buildings are currently located on the ground of the instant land part.

As to the above buildings, January 16, 1995.

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