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(영문) 서울동부지방법원 2018.11.02 2017가단124953
부당이득반환 청구의 소
Text

1. The Plaintiff (Counterclaim Defendant) is respectively against the Defendant (Counterclaim Plaintiff) C and D, KRW 2,023,375, respectively, and KRW 176,346, respectively.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on June 25, 2015 as a traffic accident.

Defendant B’s spouse, Plaintiff, Defendant C, D, and Non-Party F succeeded to the deceased’s de facto marriage ( de facto marriage), the deceased’s children, and F renounced inheritance, and the Plaintiff, Defendant C, and D jointly succeeded to the deceased.

(b) Attached Table 90,90,126 of the deceased’s active property at the time of his death, G apartment of Gangdong-gu Seoul Metropolitan Government, 330, 902, lease deposit return claim of 112,180,000, and criminal agreement related to traffic accidents, deposits, insurance money, etc. in total;

1. All of the deceased were recovered from post-insurance terminations, etc., and deposited into the instant deposit account in the name of the Plaintiff.

b)The small property (debts) was in existence, and the total amount of KRW 60 million for the Workers' House Lease Loan and KRW 20 million for the Bank related to the above lease, KRW 305,140 for the unpaid mobile phone loan, KRW 297,250 for the Credit Card Use of Han Bank, KRW 49,986 for the Workers' Living Stabilization Fund Loan for the Bank, KRW 880,000 for the household loan for the Bank (attached Table).

2. As a whole, 110,900 won of automobile tax, which was the first half of 2015. (c) At the funeral expenses of the Deceased, KRW 8,794,420 (i.e., KRW 4,434,00, which was paid by Defendant B with the credit card under H’s name, was paid as KRW 4,360,420.

On December 2015, Defendant C succeeded to the right under the lease agreement for the above Seoul Housing Corporation with the consent of the remaining successors, including the Plaintiff.

Defendant B appears to have consented to the remainder of the Defendants with the Plaintiff’s consent.

On March 23, 2016, the money withdrawn from the instant deposit account was repaid KRW 20 million to the Deceased’s loan on the deposit account.

Meanwhile, on October 21, 2015, Defendant B transferred KRW 20 million from the instant deposit account to H from October 21, 2015, and deposited KRW 5 million in cash on December 22, 2015 to H.

E. The Plaintiff and the Defendants’ above leased residence.

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