부당이득금
1. Defendant (Counterclaim Plaintiff) and Plaintiff (Counterclaim Defendant) A were 157,039,121 won, Plaintiff (Counterclaim Defendant) B, and C were 104,691,747 won, respectively.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiffs are co-inheritors of the deceased E (hereinafter “the deceased”) who died on November 11, 2013, and the Plaintiff is the deceased’s spouse, Plaintiff B, and C’s children, and the Defendant is between the deceased and the deceased.
B. The father F of the deceased (hereinafter “the deceased’s father”) has H, I, Defendant, and the deceased’s children under the chain of G (hereinafter “the deceased’s mother”), and the father of the deceased’s children, other than the above children, J.
C. On March 25, 2016, upon the death of the deceased’s father on March 25, 2016, the Plaintiffs inherited the inherited property by representation at the ratio of 6/91 (2/13 of the deceased’s inheritance shares x 3/7 of the Plaintiff’s inheritance shares x 3/91 of the Plaintiff’s inheritance shares x 2/7 of the Plaintiff’s inheritance shares x 2/13 of the deceased’s inheritance shares x 2/7). On April 2, 2018, Plaintiff B and C inherited the inherited property by representation at the ratio of 2/28 of the Plaintiff’s inheritance shares x 1/4 of the deceased’s inheritance shares x 3/7 of the Plaintiff’s inheritance shares x 3/7 of the Plaintiff’s inheritance shares x 1/4 of the deceased’s inheritance shares x 2/7 of the Plaintiff’s inheritance shares) respectively.
On March 30, 2016, the Defendant acquired the full amount of KRW 206,248,00,000, out of KRW 206,221, and KRW 407,370,000, out of KRW 407,379,569, out of KRW 407,370,00,00, out of the deposit in the deceased’s mother account (K Bank M) from April 9, 2018 to April 26, 2018.
(hereinafter “instant inherited property”). E.
Meanwhile, in the Daegu District Court 2016Gahap1940 case and the Daegu High Court 2018Na2097 case, N Co., Ltd. (hereinafter “N”) lent KRW 1 billion to the deceased on March 4, 2011 by issuing ten copies of a cashier’s checks at par value, but on the ground that only KRW 500 million was paid from the deceased on December 19, 201, the deceased claimed for the return of the remaining unpaid KRW 500 million against the Plaintiffs, co-inheritors of the deceased, who were co-inheritorss of the deceased on December 19, 201.