부당이득금
1. The Defendant’s respective KRW 24,334,748 against each of the Plaintiffs and 5% per annum from November 19, 2015 to January 12, 2017.
1. The plaintiffs and the defendant are all children of the network G (hereinafter referred to as “the network”), each share of inheritance is 1/7.
[Ground for recognition] The facts without dispute, Gap evidence 4
2. Determination as to the cause of action
A. The gist of the plaintiffs' assertion is that the defendant's right to inheritance is infringed by the method that the defendant voluntarily withdraws the deposits deposited in the deposit passbook that the deceased, an inherited property, and did not divide them with other co-inheritors. Thus, the defendant did not clearly assert that the plaintiff's right to inheritance recovery was based on the plaintiffs' right to claim inheritance recovery, but the purport of the claim is that the defendant's right to inheritance was infringed by the defendant's right to inheritance recovery by causing the damage of the inherited property independently. Thus, the defendant's right to claim inheritance recovery under Article 99 of
From the total amount of deposits withdrawn from the above account, the defendant asserts that the defendant is liable to pay the amount equivalent to the plaintiffs' share of inheritance out of the remainder except the amount paid by the deceased as the hospital expenses
On the other hand, the defendant asserts that he did not have any obligation to distribute it to the co-inheritors, since he donated the entire remainder after subtracting the hospital expenses from the deposit balance to the defendant who was extremely nursing before the deceased's birth.
B. The Defendant’s withdrawal of KRW 211,864,217 from March 25, 2010 to April 19, 2012 from the date on which the Deceased was assigned to the several deposit accounts, and the fact that the Defendant used KRW 41,520,980 as the deceased’s hospital expenses may be recognized by the respective descriptions of the evidence No. 1 and No. 2, or there is no dispute between the parties.
Next, we examine whether the defendant's share of inheritance has been infringed by failing to distribute deposits to other co-inheritors differently from the deceased's will.
Witness
H In this Court, the Deceased’s deposit passbook shall be entrusted to the Defendant and the expenses of the hospital shall be excluded.