부당이득반환
1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
2...
1. Basic facts
A. C On August 24, 2012, as an inheritor, died of a traffic accident after left his wife D, Plaintiff (1984 birth) and E (1989 birth) as his children.
The defendant (the defendant in 1959) is the mother of the plaintiff.
B. On September 7, 2012, the Plaintiff received KRW 30 million (hereinafter “instant criminal agreement”) or KRW 1.55 million (hereinafter “instant insurance money”) from the perpetrator under the name of the bereaved family criminal agreement, and on October 5, 2012, the Plaintiff received KRW 31.55 million (hereinafter “instant insurance money”) or KRW 30 million from the National Private Taxi Mutual Aid Association for the purpose of insurance money, and around that time, granted the Defendant a criminal agreement amount to KRW 30 million.
C. Meanwhile, at the time of death, the deceased C (hereinafter “the deceased”) had the right to return the lease deposit amounting to KRW 85 million with respect to 415 Dong 110, Gangnam-gu Seoul Metropolitan Government H apartment 415 (hereinafter “III property”), the right to return the lease deposit amount of KRW 72 million with respect to 431 Dong 306, Gangnam-gu, Seoul under the name of the lessee, Gangnam-gu H apartment 431, and the right to return the lease deposit amount of KRW 72 million with respect to 30,000,000 in the name of the lessee (hereinafter “Non-Indicted Property”), the right to loan the non-party F (hereinafter “Non-Indicted Property”), and the deposit claim of KRW 26,117,595 against the national bank under the name of the deceased (hereinafter “property”).
On November 2, 2012, the deceased’s wife D transferred the entire inheritance portion on the deceased’s inherited property to the Plaintiff.
E. Meanwhile, immediately after the deceased’s death, E returned the property from the lessor No. 431 and 306, and returned the property from F during the period from August 25, 2012 to September 30, 2012; and (6) the property deposited with a national bank in the name of the deceased was withdrawn on October 15, 2012.
E paid the money returned or withdrawn as above: (4) The full amount of the property and (5) the amount of KRW 24.3 million out of the property under paragraph (1) was delivered to the Defendant.
F. Therefore, the deceased's inheritance (2), (3) property is owned by the plaintiff, and (1), (4).