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(영문) 부산지방법원동부지원 2020.05.07 2019가단218259

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are the children of the deceased E (hereinafter referred to as “the deceased”). As the deceased died on April 12, 2019, the inheritors inherited 1/2 each of the deceased’s property. The Defendants are the cooks of the deceased.

B. From the deceased’s Han Bank Account (F) to August 14, 2017, KRW 80 million was transferred from August 14, 2017 to the Defendant C’s account as agreed amount, and KRW 1,983,200 was withdrawn on July 19, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4-1 and 2

2. The plaintiffs asserted that the above amount should be returned in unjust enrichment, since they arbitrarily brought about the deceased's property by taking advantage of the fact that the mental condition of the deceased was not normal due to dementia.

The part of KRW 1,983,200, July 19, 2017, which was paid by the Defendants, is not proven.

Next, as seen earlier, the fact that KRW 80 million was transferred from the deceased’s account to the Defendant C’s account from August 14, 2017 under the pretext of agreement is recognized. However, each of the following circumstances recognized by the deceased’s statement in subparagraphs 1 through 14 (including the number of branches), namely, the deceased’s own decision can be made and independent life and economic activities could have been possible until 2016, and the deceased’s statement that he/she paid the above amount to the Defendant C on September 6, 2017, immediately after paying KRW 80 million (the Plaintiff asserted that it should be revoked by coercion, but there is no evidence to acknowledge it), and the deceased appears to have been supported by the Defendants from October 2015, the evidence presented by the Plaintiffs on the sole basis of the following facts: