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(영문) 수원지방법원 2018.03.22 2017나75217

부당이득금 반환 청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The basic facts of the claim ① The plaintiff is the mother of Nonparty D and the defendant is the spouse of the plaintiff and the defendant who has reported a marriage with D on December 17, 2013. The plaintiff and the defendant have a satis relationship with D. D. The plaintiff and the defendant have been in management with D's respective bank accounts under the name of the plaintiff and the defendant. ② D was in management with their consent. ③ From February 19, 2013 to January 27, 2015, the sum of KRW 8.5 million was 8,50,000 from the plaintiff's Nonghyup Bank account (Account Number E and F) to January 27, 2015, from the plaintiff's Nonghyup Bank account under the name of the plaintiff, KRW 1,00,500,000 from November 17, 2014, KRW 1,500,000 for the same month, KRW 201,71,000 for each of the parties' health care.

2. The Plaintiff’s judgment on the Plaintiff’s claim is without his consent or any ground, and the Defendant transferred the amount of KRW 25.5 million from the Plaintiff’s account under the Plaintiff’s name to make a return of unjust enrichment equivalent to that amount. However, there is no evidence to acknowledge the Plaintiff’s claim that the transfer to the Defendant’s account was made against the Plaintiff’s will and that there was no legal ground.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is justified as it is with this conclusion, and it is so decided as per Disposition.