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(영문) 인천지방법원 2019.11.21 2019나54194
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

2. The defendant, respectively, against the plaintiffs:

(a) 7,692,307 Won and its corresponding;

Reasons

1. Facts of recognition;

A. The defendant is the spouse of the deceased G.

The Defendant and the Deceased had her children, as their children, H, I, and J.

B. On December 1, 2016, the Deceased died, and the Defendant deposited KRW 50 million in cash into the bank account in the name of the Defendant with the aid of his/her father on November 30, 2016, the preceding day before the deposit.

C. From November 1, 2003, the Defendant and the Deceased owned 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant building”) from November 1, 2003.

After the death of the deceased, the inheritor inherited the deceased’s share, and the defendant finally owned the 16/26 shares of the building of this case, and the plaintiffs owned the 2/26 shares of each of the buildings of this case.

On May 11, 2016 regarding the first floor of the instant building, a lease agreement was concluded between the lessor and one other than the Deceased, K, security deposit of KRW 10 million, monthly rent of KRW 900,000,000. On October 21, 2017, a lease agreement was concluded between the lessor and the Defendant and five others, security deposit of KRW 10,000,000, monthly rent of KRW 900,000,000. On June 11, 2018, the lessor and the lessee were KRW 40,000,000,000,000,00 monthly rent of KRW 9,000.

(Lessee was changed in sequence to K, L, or D). E.

On January 30, 2007, regarding the third floor of the instant building, a lease contract was concluded on January 30, 2007 with the deceased, the lessee, E, the deposit amount of KRW 10 million, and the monthly rent of KRW 450,00.

The Deceased and E increased the monthly rent to KRW 500,000 on February 12, 2010.

F. On March 2, 2010, on the fourth floor of the instant building, a lease contract was concluded between the deceased and the Defendant, the lessee, and F, the lessee as a deposit amount of KRW 10 million, monthly rent of KRW 450,000.

G. After the deceased died, the Defendant received monthly rent from the lessee of the instant building solely from the deceased, and from December 1, 2016 to September 30, 2018, monthly rent under each of the above lease agreements is KRW 40,662,095 in total.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6, and Eul.

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