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(영문) 서울남부지방법원 2019.10.30 2019가단16

계금반환청구

Text

1. Defendant D, within the scope of property inherited from the network E, shall not exceed 12,285,714 won and its related thereto. < Amended by Act No. 1508, Jan. 12, 2019>

Reasons

1. Comprehensively taking account of the purport of the arguments stated in Gap evidence Nos. 1 through 6, the plaintiff is a friendship group consisting of 13 representatives of transportation companies holding a taxi business license within Seoul Special Metropolitan City, with a total of KRW 500,000 per month and with a total of KRW 60,000 per year paid to the members who won a prize through lot at a regular meeting every month, and the deceased E (the deceased on September 30, 2018; the deceased on July 3, 2018; the deceased on July 1, 2018; the deceased's 201. The deceased's 2.3 billion Seoul Family Court accepted the deceased's 205,000 won after deducting the successful bid price of KRW 60,500,000 and KRW 208,000,000,000,000 won, and the deceased's 208.1.58181.

2. The assertion and judgment

A. The Plaintiff’s assertion deceased’s eligibility was lost due to the deceased’s death. The deceased’s heir’s 43 million won calculated by deducting the Plaintiff’s total amount of KRW 10 million paid to the Plaintiff from the total amount of KRW 53 million received by the deceased (i.e., KRW 53 million - 10 million) from the total amount of KRW 43 million. The Defendant C, who is the deceased’s spouse, should return to the Plaintiff as unjust enrichment at the ratio of each inheritance shares. The Defendant C, who is the deceased’s spouse, should return the amount of KRW 18,428,571 (= KRW 43 million x 3/7). The Defendant D, the deceased’s child, was 12,285,714 (=43 million x 2/7 shares) and each of the above.