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(영문) 대전지방법원천안지원 2016.11.16 2016가단5975
부당이득금 반환 등
Text

1. The Defendant’s KRW 2,864,98 as well as the Plaintiff’s KRW 5% per annum from May 11, 2016 to November 16, 2016, and the following.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on April 22, 2015, and the heir is the Plaintiff (masts), the deceased D, the Defendant (Nam), and E, who are children, and the heir of the networkD is children F and G.

Date of withdrawal (2015) Account Number (Securities Number) 1

2. H 23. 31,000,000 2

Above 400 up to or up to 27

30. I 20,380,000 3

5. H 2,108,568 4

6. 10. J 1,400,115 Totals 54,88,683

B. From February 2015, the Defendant managed the total amount of KRW 54,88,683 as follows, among the deposit amount deposited in the Nowaf Agricultural Cooperatives of the Deceased from February 2015.

(hereinafter referred to as the “first account”) the deposit account of Nos. 1 and 3, and the deposit account of No. 2 is referred to as the “second account”).

E’s husband K withdrawn KRW 11,191,380 from the deceased’s first account on January 13, 2015, and transferred KRW 6,000,000 among them to the deceased’s account managed by the Defendant.

The above 6,000,000 Won Na.

(d) is not included in the deposits described in paragraph (1).

On July 13, 2015, the heir of the Plaintiff and the Defendant, etc. completed the registration of transfer of ownership based on inheritance with respect to each 1/4 shares (each 1/8 shares of the deceased D) among the 620 square meters, M 43 square meters, N 13 square meters, N 13 square meters (hereinafter “O site”) and P 1,137 square meters (hereinafter “O paddy field”).

E. On July 3, 2015, the Plaintiff entered into a sales contract with the Defendant for each of the Plaintiff’s respective ownership shares in the O site and OB, and on the same day between the Plaintiff and the Plaintiff, agreed to pay the purchase price at 12,00,000,000, for each of the Plaintiff’s shares (hereinafter “instant agreement”), and the Plaintiff issued and delivered a written confirmation to the same effect.

F. On July 3, 2015, the Defendant remitted KRW 12,000,00 to the Plaintiff on July 3, 2015, and completed the registration of ownership transfer on July 30, 2015 with respect to each of the Plaintiff’s shares in the O’s land and O’s transfer.

[Ground of recognition] There is no dispute.

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