부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On June 3, 2017, the networkF (hereinafter “the deceased”) died on the fact that there was no dispute, and the Defendants, who were their children, succeeded to the deceased.
Plaintiff’s assertion
The plaintiff was in de facto marital relationship with the deceased from around October 2002, and operated with the deceased by opening a restaurant around October 2004. The revenue has been stored in the bank account in the name of the deceased in full.
Since the Plaintiff has borne most of the costs of opening and operating the above restaurant, the Plaintiff’s contribution to the property in the name of the deceased is at least 50%.
At the time of the deceased’s death, there were KRW 10,00,000 in deposit claims and KRW 160,117,901 in total as property at the time of death, and KRW 160,117,901 in death benefit, and thus, the Plaintiff’s share among them is KRW 80,000,000 (=160,117,901 x 50% x 50% in total).
However, since both the above deposit claim and the death insurance money are inherited by the Defendants, the Defendants shall jointly and severally return the above KRW 80,000,000 to the Plaintiff as unjust enrichment.
(1) The Plaintiff’s claim amount of KRW 100,000,000 in the claim was stated in the complaint to the effect that “the deceased’s death was the Plaintiff’s deposit claim of KRW 300,000 at the time of his death, and since the half of the claim amount falls under the Plaintiff’s share, the Defendants who inherited the entire deposit claim amount of KRW 150,000,000 shall jointly and severally return a part of the claim amount to the Plaintiff in unjust enrichment.” However, as alleged in the Plaintiff, the Plaintiff corrected the cause of the claim and sought joint payment of KRW 80,000,000 to the Defendants, but did not reduce the first claim amount of KRW 80,000,000. The Plaintiff and the Deceased were in de facto marital relationship, and there was a contribution to the Plaintiff’s property formation under the name of the deceased, it appears that some of the deceased’s property ought to be deemed to be owned by the Plaintiff. The Plaintiff’s testimony of G witness and evidence Nos. 4 through 2 through 9 (2).