A. As regards Defendant D’s KRW 24,750,00 each and its KRW 19,800,000 among them, Defendant D shall be from September 27, 2019 to 4,950.

A. F (Death of May 10, 1973) married with G on February 16, 1941 (Death of September 30, 1994) and had H, I, the Plaintiffs, and J as children of the other children. Defendant D is H’s children and Defendant D’s spouse.

B. On June 27, 2017, J had been hospitalized in the L Hospital located in west-gu, west-gu, Seocheon-gu, in the form of symptoms, such as islands, etc., and began to receive treatment for tension and injury, etc. as a result of being hospitalized in the L Hospital. From September 17, 2018, after being hospitalized in the Mansan Hospital, N University O Hospital, P Hospital, etc., due to the symptoms of waste, the K was hospitalized in the Q convalescent hospital on April 8, 2019, but was transferred to the Q convalescent hospital on April 16, 2019 without the symptoms.

C. On December 3, 2018, the amount of KRW 59,000,00 was transferred to Defendant D from the Agricultural Cooperative account of J to December 3, 2018. The Defendants transferred KRW 40,000,000 to Defendant D from the J’s account on December 7, 2018, respectively, to Defendant E.

(hereinafter “the account transfer of each of the instant cases”) D.

Meanwhile, due to the death of J, H and the plaintiffs, and I inherited their property one-fifth each, respectively. On January 3, 2020, I died without spouse and lineal descendant and succeeded to the property one-fourth of each of the H and the plaintiffs.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3-13 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that the Defendants did not have the capacity to express their intent at the time of the transfer of each of the instant accounts, with the Defendants holding a passbook at the time of the transfer of each of the instant accounts, obtained, without any cause, a benefit equivalent to the amount of the transfer of Defendant D’s totaling KRW 99,00,000, and Defendant E50,000,000, and suffered loss equivalent to the same amount from the J. Thus, the Defendants are obligated to return unjust enrichment corresponding to their inheritance shares to the plaintiffs, who are the successors of J and I.

B. At the time of the transfer of each of the instant claims by the Defendants, J had the capability of recognition and expression, and the Defendants.