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(영문) 서울중앙지방법원 2015.09.16 2014가합1220

부당이득금반환

Text

Of the plaintiff's lawsuit, the part of the claim for return of unjust enrichment against the amount of 357,271,879 won withdrawn on February 16, 2005 shall be dismissed.

The plaintiff.

Reasons

1. Basic facts

A. In Japan, the Defendant married with the network E of the deceased by the deceased, Japan, Japan, but divorced on or around February 5, 1997, and later transferred his residence to Korea to and from the deceased E, two married children born between the deceased and the deceased.

B. From 2003, the network A had the Defendant manage the account (Account Number: F; hereinafter “the network A account in this case”) in his name, and left the passbook and seal imprint, etc. to the Defendant.

On January 13, 200, 37,00,000 Yangdong Branch offices of 30,000 won on January 13, 2004, 30,000 Yangdong Branch offices of 30,00,000 won on February 25, 2004, 20,000, 5,000 Yangdong Branch offices of 5,00,00 on April 12, 204, 5, 30,000, 6.6. 7, 0,000, 6. 7,000, 6. 7, 20,000, 6. 7, 20,000, 6. 7, 7,000, 6. 7, 20,000, 7. 5,000, 205, 30,005, 208, 2004, 7. 20

C. From January 13, 2004 to February 16, 2005, the sum of KRW 1,098,971,879 was withdrawn from the net A account of this case, as seen below.

On May 29, 2013, the deceased drafted a written will to the effect that he/she succeeds to his/her entire property to the Plaintiff, who is his/her grandchild, and died on March 4, 2014 when the instant lawsuit filed by him/her was pending.

The Plaintiff took over the status of the deceased A in the instant lawsuit.

[Grounds for Recognition] A without dispute, Gap evidence 1 to 3, Eul evidence 6, appraiser G's appraisal result, the purport of the whole pleadings

2. The applicant for taking over a lawsuit filed by the deceased A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-

1. D.

As seen in this subsection, the Plaintiff is deceased.