부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The mother of the original and the Defendant died on February 3, 2012, her mother (hereinafter “the deceased”) and his/her child E, F, G, Defendant, H, and Plaintiff. The Plaintiff and the Defendant are in a relationship of her mother with South and North Korea.
B. The Deceased drawn up a will on May 31, 2004, and its main contents are as follows.
1) The amount of KRW 47 million in the Cheongju G shall be borne by the Defendant. 2) The amount of KRW 100 million in the mother’s deposit passbook shall be borne by the Plaintiff.
C. On August 28, 2005, the Deceased drafted an additional will, and its purport is as follows.
“The first apartment No. 103 of I apartment No. 103, 103 (hereinafter referred to as “the first apartment”) where the deceased is living shall hand the deceased to the defendant, who is a female,.”
D. On January 26, 2006, the Defendant completed the registration of ownership transfer in the name of the Defendant on the ground of the donation from January 23, 2006 with respect to the first apartment owned by the Deceased.
E. On May 4, 2010, KRW 59,200,147 deposited in the regular deposit account (Account NumberJ) at one bank on May 4, 2010: (a) KRW 59,20,147 deposited in the account in the name of the Deceased was entirely withdrawn on four occasions from May 6, 2010 to May 17, 2010.
B) On September 29, 2005, KRW 49 million was deposited in the ordinary bank account (Account Number: K), and KRW 49,212,962 was withdrawn on February 1, 2006. On the same day, KRW 48,584,678 was deposited in the ordinary bank account (the difference between KRW 49,212,962 and KRW 48,584,678 was KRW 628,284.
(C) On March 28, 2008, KRW 25,642,664 was deposited respectively in the regular bank account (Account Number L) at one bank, and KRW 29 million was deposited in the regular bank account (Account Number: M) at one bank.
However, upon the termination of each term deposit on April 1, 2009, KRW 27,008,111, and KRW 30,706,534 were withdrawn respectively, and KRW 27,714,645 was deposited in the regular deposit account (Account Number:N) at one bank on the same day, and KRW 29 million was deposited in the regular deposit account (Account Number:O) at one bank.
The sum of the withdrawn money on April 1, 2009 is deposited on the same day.