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(영문) 대구지방법원김천지원 2015.11.26 2015가단4142

소유권이전등기말소 등

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1. The Defendant: (a) KRW 4,787,875 for each of the Plaintiff (Appointeds) and the appointed parties and each of them, respectively, from May 14, 2015 to August 27, 2015.

Reasons

1. Indication of claim;

A. The Plaintiff (Appointed Party) and the designated parties are children of the deceased C (Death on May 12, 2015). The Defendant is the deceased C’s spouse, the Plaintiff (Appointed Party), the designated parties and the Defendant are the deceased C’s successors.

B. On May 13, 2015, the network C terminated the installment savings of KRW 19,153,90 with the Defendant, and transferred KRW 19,151,500 to the passbook under the name of the Defendant on the same day, and had the Defendant use the said money as the network C’s hospital expenses and the NommoD’s medical care expenses.

C. However, while keeping the above money in custody, the Defendant did not contact with the above money until now, and the Plaintiff (Appointed Party) and the designated parties shared the deceased C’s hospital expenses, funeral expenses, and D’s medical care expenses.

Therefore, the defendant is obligated to pay 4,787,875 won (=19,151,500 won 】 Each inheritance share 1/4) and each damages for delay to the plaintiff (appointed party) and the appointed party for unjust enrichment.

2. Article 208 (3) 3 of the Civil Procedure Act: