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(영문) 수원지방법원평택지원 2019.10.24 2018가합10748

부당이득금 반환 등 청구의 소

Text

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

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1 Status of the Parties 1) Net E (Death on July 24, 2018, hereinafter “the deceased”).

(2) The Plaintiffs are the sole successors who have succeeded to the rights and obligations of the deceased E’s property.

Before the death of the deceased E, both spouse H, child I and J died, and the deceased I divorced from the wife and the mother of the plaintiffs, who are the wife and the mother of the plaintiffs.

3) On July 12, 2018, the Defendant drafted a written agreement (No. 3; hereinafter “the instant delegation agreement”) stating that the deceased shall delegate his/her right to sell a lot of land 5,897 square meters (hereinafter “G land”) to the Defendant on July 12, 2018, on the part of Nonparty F, who is the father of the deceased. B., the Defendant prepared a written agreement (a certificate No. 3; hereinafter “instant delegation agreement”) with respect to the sale of land 5,897 square meters owned by the Defendant and the deceased.

The main contents thereof are as follows:

The deceased, who is a delegating person, shall conclude an agreement (a delegation of real estate sale, etc.) with the mandatary and shall perform it in good faith:

The following real estate indications: G field 5,897.3 square meters in Asan-si.

1. The Deceased shall delegate to the Defendant the sales authority concerning the above real estate.

2. The sales price of the above real estate shall be deposited in the K Association account in the name of the Deceased, and managed by the Defendant.

3. Use of the purchase price: (1) The Defendant shall preferentially use the purchase price for the pre-patient medical expenses and medical care expenses for the Deceased.

② The Defendant shall look at the best (the provision of maximum facilities and treatment) with the above sales price until the deceased dies.

4. Accounting reports, etc. ① The Defendant shall frequently report to the Deceased on the purpose of using the above real estate sales proceeds, together with receipts and other evidential documents.

(2) When the deceased wishes, the defendant shall report at any time on the use of the above real estate purchase price together with evidential documents.

5. In the case of the deceased’s death, (1) Where the deceased remains at the time of his death, funeral expenses (including funeral expenses) shall be used to cover funeral expenses.

(2)