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(영문) 창원지방법원 2019.10.11 2019가단106814

부당이득금 반환

Text

1. The plaintiffs' primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. Plaintiff A’s spouse, Plaintiff B, and C of the net F (the deceased’s death on December 27, 2018, hereinafter “the deceased”) are the deceased’s children, and the Plaintiffs are the deceased’s inheritors.

Defendant D is the mother of the Deceased, and Defendant E is the subject of the Deceased.

B. From February 22, 2016 to February 24, 2016, the sum of KRW 25,000,000 was remitted from the Busan Bank Account (G) to the Defendant D’s National Federation account (H). From the deceased’s National Bank Account (I), the amount was KRW 1,00,000,000, from April 20, 2017 to the deceased’s Busan Bank Account (I), respectively. < Amended by Presidential Decree No. 27200, Jul. 25, 2017>

C. From March 22, 2017 to March 30, 2017, the deceased transferred KRW 50,000,000 to the Nong Bank (J) account in the name of Defendant E, and Defendant E transferred KRW 25,000,000 to the Deceased’s New Bank account (K) on October 25, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 5 through 9 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and determination Plaintiffs are primarily and primarily asserted that they are obligated to collect money from the Defendants and their respective successors to make 100,000 won a total of KRW 28,00,000,000, and Defendant D is obligated to pay the sum of KRW 28,000,000 to the Plaintiffs, the deceased’s heir, as a result of the performance of the obligation to settle accounts, and Defendant D is obligated to pay the sum of KRW 28,000,000 to Defendant E in March 2017, and receive KRW 30,000,000 out of the remainder of the loans to the Plaintiffs, the deceased’s heir, in proportion to their share of inheritance. As such, Defendant E claims that the remainder of the loans be returned to Defendant D, and that the Defendants claim to return the settlement amount to Defendant E, as long as the Defendants do not expressly state any legal relationship with the deceased’s money.

(c).