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(영문) 서울서부지방법원 2018.08.23 2016가단233494

부당이득금

Text

1. The plaintiff's claim for payment is dismissed.

2.(a)

The defendant's work as a limited guardian for the plaintiff is terminated.

Reasons

1. On April 4, 2013, the Plaintiff (1956) was a partner of the Defendant (1947), and was declared a quasi-incompetent on April 4, 2013 on the ground that the Defendant’s appeal was filed with the Busan Family Court’s 2012-Ma1948 on the ground that he/she was in a mental and physical state due to mental division.

On August 26, 2013, the above court rendered a judgment on the replacement of a guardian to replace the plaintiff's guardian as the defendant, and the defendant was appointed as the plaintiff's limited guardian.

(A) On September 2015, the Seoul Family Court rendered a judgment on the change of the Plaintiff’s guardian from the Defendant to B by claiming that the Plaintiff’s guardian change the Plaintiff’s guardian into his/her own, and rendered a judgment on the change of his/her guardian from the Seoul Family Court to B.

(A) On February 2, 200, the cause of the claim in this case is that of the plaintiff's guardian, the defendant's property as the plaintiff's guardian and 2 bonds of Busan apartment E (hereinafter referred to as "D apartment E") owned by the plaintiff in Busan.

(B) G apartment H on the ground of three lots, including the F, Busan Suwon-gu, and 3 lots of land (hereinafter “G apartment”).

[) The Plaintiff received income from the Plaintiff’s property, such as the receipt of rent and other Plaintiff’s national pension. Since this income exceeds the Defendant’s expenses paid for the Plaintiff, the Defendant shall return 10,775,583 won in difference of income and expenses as unjust enrichment. In addition, the Defendant contests the settlement amount of income and expenses, thereby seeking confirmation that there is no difference that the Plaintiff shall pay to the Defendant as a result of the Defendant’s settlement of income and expenses following the termination of guardianship affairs.

As to this, the defendant settled the expenses incurred by the defendant for the income and the expenses incurred by the plaintiff from the plaintiff's property before and after the plaintiff's guardian appointment. Rather, the defendant should recover the difference of 63,561,225 won (as of June 6, 2018) from the plaintiff. Thus, the plaintiff's claim is groundless.

Therefore, the Defendant (hereinafter referred to as the “Defendant”).