부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The parties’ personal relationship 1) The deceased C (hereinafter “the deceased”).
A) On April 20, 1967, a couple’s legal marital relationship continues to exist. On April 19, 1995, the deceased and the defendant married on July 20, 1998 and continued to have a legal marital relationship. Around July 20, 1998, the deceased and the defendant filed a divorce report pursuant to a final divorce and a decision to recommend division of property on November 19, 2014 (U.S. District Court Decision 2014pp. 105).
3) On January 3, 2016, the Deceased died. (B) On February 25, 2011, the Deceased received 20,945,185 won (i.e., KRW 10,464,928, KRW 10,480,257), respectively, with two of the fixed deposit accounts in the name of the Deceased (Account F and G) by directly keeping them in the Innju Livestock Industry Cooperatives, on February 25, 2011.
In other words, the defendant received KRW 20,000,000 from the deceased and deposited the above amount, and opened one account (Account Number H) in the name of the defendant.
2) On August 25, 201, the Deceased received KRW 10,000,273 on a direct deposit account (Account Number I) in the name of the Deceased on August 25, 201. In other words, the Defendant received KRW 10,000,000 from the Deceased at the seat, and deposited KRW 130,000,00 from the Deceased, and opened one account under the name of the Defendant (Account Number J) on October 10, 2014, the Defendant received KRW 128,904,627 in total (i.e., six regular deposits in the name of the Defendant in which the total amount of KRW 130,00,00 was deposited (i.e., KRW 29,589,285, KRW 2930, KRW 2930, KRW 1961, KRW 2979, KRW 97,975,97,975).
[Ground of recognition] without any dispute, entry and video of Gap's 1 through 6, 8, 9, and Eul's 1 (including branch numbers, if any; hereinafter the same shall apply), and the head of the women's livestock cooperative head of the first instance court and the Nonghyup Bank's receipt support center.