기초연금지급청구
1. On August 7, 2014, the Defendant revoked the decision that the Plaintiff was inappropriate to provide social welfare services and benefits.
2...
1. Details of the disposition;
A. The Plaintiff, who is 65 years of age or older, has received basic pensions from the Defendant.
B. On October 30, 2013, the Defendant rendered a decision on the Plaintiff’s non-conformity with social welfare services and benefits (hereinafter “instant disposition”) against the Plaintiff on August 7, 2014 on the ground that KRW 883,398,050 was deposited in a bank account (a bank B; hereinafter “Plaintiff’s bank account”) in the Plaintiff’s name and that the Plaintiff’s recognized income exceeds the calculated amount of calculation under Article 2 subparag. 4 of the Basic Pension Act.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection on October 14, 2014, but was dismissed on October 30, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion: (a) opened the Plaintiff’s name bank account upon the Plaintiff’s request by his wife C; (b) opened the said passbook and the Plaintiff’s seal to C; and (c) C lent KRW 883,398,050 as the deposit money for the clothing store from D to the account in the name of the Plaintiff’s name.
Therefore, the defendant, except the above amount, should calculate the plaintiff's recognized amount of income, but the disposition of this case was made on a different premise.
Therefore, the instant disposition should be revoked as it is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. The following facts can be acknowledged in full view of each statement of evidence Nos. 2 through 4 as to the facts acknowledged.
1) C is the Plaintiff’s husband and wife, and D is a person in a de facto marital relationship with C. 2) C requested the Plaintiff, a mother, to open an account under the Plaintiff’s name in order to preserve D’s cash property. On October 30, 2013, the Plaintiff, along with C, opened one bank account at the Guide branch of Han Bank.
3 D receives contact from C and on the same day from one bank account under its own name 883,398.