부당이득금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The deceased G (hereinafter “the deceased”) died on August 26, 2015. As the deceased’s heir, Defendant D (1958), Defendant C (1960), Plaintiff (1962), and Defendant B (1/4) are their respective shares of inheritance.
Defendant H is Defendant D’s children.
B. The Daejeon Family Court filed a claim for the division of inherited property with the Daejeon Family Court on February 20, 2018 as the inheritor did not have a consultation on the division of inherited property. On February 20, 2018, the Daejeon Family Court rendered a judgment on the division of inherited property by auction of the deceased’s real estate (the second floor J and fifth floor K of the Daejeon International Building) equivalent to the market value of 27 million won at the time of the commencement of the inheritance and divided it by the ratio of 1/4 shares.
(2016 Doz. 2, 4, 2017 Doz.) / [Grounds for recognition] / [The entry in Gap evidence 1, 2, and 6]
2. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion that the Plaintiff’s claim for reimbursement of money is 194,71,184 won (excluding KRW 238,146,94-15,685,810-27,750,000) paid by Defendant B at the hospital’s expense among the amount of KRW 224,235,948 and the amount of KRW 13,91,046 of the deceased’s death insurance money and KRW 15,685,810,00 paid by Defendant C for the deceased’s death at the hospital’s expense, and KRW 27,750,00,00 that was paid to Defendant C for as a ceiling (=238,146,94-15,685,810-27,750,000).
Therefore, Defendant B asserts that since the Plaintiff infringed the Plaintiff’s share of inheritance, Defendant B should pay 48,677,796 won (=194,711,184 won x 1/4) corresponding to the Plaintiff’s share of inheritance.
B) The judgment (1) is based on the premise that the deceased’s death benefit is inherited property. However, in a life insurance contract where the insured’s inheritor is a beneficiary, the insured’s inheritor may claim insurance money against the insurer in the status of the beneficiary when the insured’s insured event occurs. This right naturally takes place due to the effect of the insurance contract, and is not inherited property, but inherent property of the inheritor.