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(영문) 전주지방법원 2018.12.21 2017가단2214

대위에 의한 부당이득반환청구 등

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1. Of the lawsuit of this case

A. 7,398,274 won among the part of the Plaintiff’s claim for monetary payment against the Appointor C, and D.

Reasons

1. Basic facts

A. On August 20, 2006, the Plaintiff leased KRW 30,000,00 to theO on August 20, 2006, with an annual interest rate of KRW 20%. 2) On November 12, 2007, theO died. There was no lineal descendant at the time of theO’s death, and the father P and P, who is a lineal ascendant at the family relations register, had already died. O’s brothers and sisters were eight of the designated parties, namely, C, R, S, T, U, N, D, V (former name: W; hereinafter “V”). However, R died on November 9, 2008, the deceased spouse and children’s heir’s heir’s heir and heir’s heir’s heir’s heir’s 30,000 children and children’s heir’s 10,000, 16,000 and 3,000 deceased’s heir’s heir and heir’s heir’s 16, respectively.

3) On April 11, 2014, the Plaintiff: (a) the Defendant (Appointed Party) B (the Jeonju District Court No. 2014Gadan127777) (the Jeonju District Court No. 2014DaGa12777) as the heir of O; and (b) the list of the designated parties in the case is all excluding M of the designated parties No. 8 out of the list of the annexed 1

(2) The claim for a loan against Defendant M, N, and V (hereinafter referred to as “relevant civil action”)

4) After the filing of the relevant civil action, the Plaintiff succeeded to the Plaintiff’s property as the legal heir of the second rank, and confirmed the inheritance of the Plaintiff’s property on October 4, 2009, upon the death of the Z on the part of the second rank, and confirmed the fact that the V, N, the child of the Z, inherited the O’s property on the part of the Z, and on the ground that the Defendant erroneously designated the O’s heir to the said court, “Defendant (Appointed Party), B, Defendant M, N, and V,” the Defendant N, and the Defendant N.