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수원지방법원 2019.05.02 2018나76859

부당이득금

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) was administered as a pulmonary cancer, and died on March 19, 2017. The Plaintiffs are the parents of the deceased, and Defendant C is the deceased’s spouse, Defendant D, and E are the children of the deceased.

B. On May 2, 2017, the Defendants filed a report on the renunciation of inheritance with the Suwon District Court on August 4, 2017, and was tried to accept the said report (2017 Madan1019). On September 29, 2017, the Plaintiffs filed a report on the approval of the succession to the said court, and the repair trial was conducted on December 7, 2017.

(2017 Gao-Ma2154) / [Grounds for recognition] A, Gap evidence 1 through 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. The Defendants asserted that they received KRW 33,740,00 as a donation in the funeral process after the deceased’s death.

Since the division amount should be acquired by the co-inheritors's share of inheritance, the Defendants are obligated to return the amount of KRW 16,870,000 corresponding to the 1/2 of the above division amount to the Plaintiffs or to compensate for the equivalent amount.

3. Determination

A. The amount of a donation sent under the pretext of assistance or condolence money in cases where a person dies is above the mental suffering of the bereaved family in the spirit of mutual aid and less the economic burden of the bereaved family members following funerals, and is donated for the purpose of contributing to the stabilization of the livelihood of the bereaved family members. As to the remaining portion after appropriating for funeral expenses, barring any special circumstance, the co-inheritors of the deceased person is deemed to have acquired the right in proportion to their respective shares of inheritance in accordance with our ethical sentiment or empirical rule.

(Supreme Court Decision 92Da2998 delivered on August 18, 1992). B

In this case, 46,50,000 won received by the Defendants through funerals of the Deceased, and 23,954,820 won out of them were paid for funeral expenses, or there is no dispute between the parties, and the purport of subparagraphs B through 5 and all of the arguments can be acknowledged in full.

However, the circumstances acknowledged above are as well.