부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties’ relevant netF (hereinafter “the deceased”) and the Defendant B are legally married couple who completed a marriage report on May 20, 1969, and the children of the Defendant C, D, and E are children among them. The Plaintiff’s living together with the deceased from January 1, 1997 to January 12, 2016, maintaining a de facto marital relationship may be recognized as either there is no dispute between the parties, or the entire purport of the pleadings as indicated in the evidence Nos. 1, 2, 5, and 6 (including household numbers).
2. The assertion and judgment
A. On July 5, 2007, the Plaintiff asserted that, when the Deceased purchased KRW 23,961,120 from Hyundai Motor Co., Ltd. (hereinafter “Modern Motor”), the said purchase price was paid as substitute for Hyundai Motor. The Deceased agreed to pay KRW 14,00,000 to the Plaintiff on the same day, and the remainder KRW 9,961,120 was paid later.
In addition, the 25/100 shares, the Plaintiff’s 15/100 shares, the Plaintiff’s 15/100 shares, and the Plaintiff’s son’s 10/100 shares. On July 14, 2015, the deceased acquired shares of I and J around August 31, 2015, and sold all of the said land to L for KRW 190,000,000.
Therefore, the Deceased shall return to the Plaintiff the remainder of KRW 40,07,000, which remains after deducting KRW 7,430,000 that the Plaintiff withdrawn from the deceased’s deposit on January 14, 2016, from KRW 47,50,000, which falls under the Plaintiff’s share 25/100 (K transferred the Plaintiff’s claim for return of unjust enrichment to the Defendants on June 22, 2016, and notified the Defendants thereof) of the Plaintiff’s share in the purchase price for the said land.
Therefore, the Defendants, the inheritor of the deceased, are obligated to pay the Plaintiff the total amount of KRW 50,031,120 (=9,961,120,07,000) to the Plaintiff according to their shares of inheritance.
B. As to the loan claim portion first.