(영문) 수원지방법원안산지원 2019.09.25 2018가단64255

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(영문) 수원지방법원안산지원 2019.09.25 2018가단64255

부당이득금

Text

1. The Defendants jointly and severally committed against Plaintiff A, KRW 108,421,260, and KRW 109,743,740, and each of the said money.

Reasons

1. Facts of recognition;

A. E and Defendant D are legally married couple who reported marriage, and both Plaintiffs and Defendant C are their children.

B. E owned each real estate listed in the separate sheet and died on June 23, 2009 (hereinafter “E”), and from that time, the Defendants leased each real estate listed in the separate sheet to others and received the lease deposit and monthly rent.

C. The Plaintiffs and the Defendants filed a claim for the adjudication on the division of inherited property with respect to the instant case No. 2016-Mahap115, 2017-Mahap201 (competing judgment), and on August 8, 2018, mediation of the following (hereinafter “instant mediation”) was established:

1. Each real estate listed in Schedule 1 and 2 shall be owned by the plaintiffs, and the shares shall be owned by one-half.

2. Each real estate listed in the separate sheet Nos. 3 and 4 shall be owned by the Defendants, and the shares shall be 3/5 of Defendant D and 2/5 of Defendant C.

3.(a)

Defendant D and C shall jointly and severally pay KRW 90 million to the Plaintiff and KRW 60 million to the Plaintiff, respectively, within 30 days after they transferred each real estate listed in the separate sheet Nos. 1 and 2 to the Plaintiffs, as described in paragraph (1).

B. The above amount is confirmed that the lease deposit for each real estate listed in [Attachment 1] and (2) currently in [Attachment 1] is an amount agreed upon at a level of settlement with the monthly rent of KRW 452 million and KRW 1.6 million, and if any excess deposit exists or if the monthly rent of KRW 1.6 million is deemed to be less than KRW 1.6 million, the Defendants shall jointly and severally pay the difference to the Plaintiffs.

C. Co-inheritors shall cooperate to the maximum extent with the affairs related to the registration of each real estate listed in the separate sheet, and the Defendants shall deliver the original of each real estate-related lease agreement listed in the separate sheet No. 1 and No. 2 at the time of the establishment of the instant conciliation, to the Plaintiffs, and the relevant tea shall be paid to the accounts

유사 판례

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-서울중앙지방법원 2016.12.23 2016가합503072

-수원지방법원 평택지원 2018.11.07 2018가합8516

-부산지방법원 2018.08.22 2016가합50514