부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, Defendants, and D, and E are children of net F and G. F, his father, died in 201, and G, her mother, died on December 26, 2016.
B. The Plaintiff remitted KRW 527,450,222 to G on October 17, 2008, and received KRW 527,450,222 from G on October 17, 2008, KRW 100,000 on October 17, 2008, KRW 200,000 on October 20, 2008, and KRW 200,000 from G, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) deposited KRW 200 million to GIST. G deposited KRW 180 million out of the above money to Defendant B, and KRW 20 million out of the above money to Defendant C, respectively. Meanwhile, Defendant B received KRW 32 million from the lessor after G’s death. Defendant B returned KRW 40 million from among the Plaintiff’s 200 million obligation to return the deposited goods to Defendant B (i.e., KRW 1/500 x 1/500 x 180 million x 180 million x 1/500 x 1.5 million x 36 million x 4.6 million x 46 million of the Plaintiff’s inheritance claim to the Plaintiff among the claims to return the deposited goods to Defendant B (i.e., the Plaintiff’s inheritance claim to the Plaintiff).
3) Defendant C shall return to the Plaintiff KRW 40 million (= KRW 40 million) totaling KRW 40 million (= KRW 20 million x inheritance share 1/5) of the Plaintiff’s claim for the return of deposited goods to Defendant C, which was inherited by Defendant C, among G’s claim for the return of deposited goods to Defendant C, and KRW 4 million (=20 million x Plaintiff’s inheritance share 1/5) totaling of KRW 44 million (=40 million 40 million x Plaintiff’s inheritance share 1/5).
B. The evidence presented by the Plaintiff alone proves that the Plaintiff deposited KRW 200 million to G, that G deposited the said KRW 200 million to the Defendants, that G deposited the said KRW 200 million with the Defendants, and that G has the claim for return of KRW 320 million against the Defendant B, whichever is relevant.