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(영문) 전주지방법원 2018.04.03 2017가단19083
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship C and the original defendant of the parties are those of the network D (the death of December 7, 2008, hereinafter “the deceased”) and are C, the defendant is the remaining, and the plaintiff is three South Korea.

B. As to the deceased’s inherited property as to the inherited property, C filed a lawsuit against the original Defendant, etc. under the Suwon District Court’s horizontal Housing Site Costs No. 2009Gahap4475, and the Plaintiff and the Defendant filed a lawsuit against Suwon District Court’s Suwon District Court’s horizontal Housing Site Costs No. 201922.

On February 5, 2013, the Seoul High Court Decision 2012Na25328 (Seoul High Court Decision 2012Na25328) and the Suwon High Court Decision 2010Gahap1922 (Seoul High Court Decision 2012Na2959), which was the appellate court on the judgment of Suwon District Court 2009Gahap475 (hereinafter referred to as the “instant conciliation”) was established as follows.

[Seoul High Court 2012Na25328]

1. C shall pay each of KRW 1 billion to the Defendant and KRW 600 million to the Plaintiff on May 7, 2013. If the Plaintiff and the Defendant provided documents for the performance of each of the obligations set forth in paragraph 3 to C on May 7, 2013, C does not pay each of the above amounts by each payment method set forth in paragraph 2 on May 7, 2013, C shall pay damages for delay calculated at the rate of 20% per annum from May 8, 2013 to the day of full payment, and they do not object to compulsory execution of each remaining amount.

(hereinafter omitted) [Seoul High Court 2012Na29559]

1. The plaintiff and the defendant waives their claims.

(hereinafter omitted)

C. The Plaintiff and the Defendant agreed to pay to the Plaintiff the remainder of the lawsuit, excluding KRW 50 million, where the Defendant won or more to the Defendant in the lawsuit regarding the distribution of the above inherited property. In Seoul High Court case No. 2012Na25328, the conciliation was concluded to pay the Defendant KRW 1 billion. Thus, the Defendant agreed to pay the Plaintiff KRW 950 million.

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