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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the payment order is ordered in excess of the amount ordered below.
Reasons
1. Determination on the main claim
A. As to the cause of the claim, the facts below the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to the statements in Gap's 1 to 4, 6, 7, 9, 10, 11, Eul's 3, 4, and 5, and the response of the first instance court to the submission order to Korea Post.
(A) On November 27, 1997, the Plaintiff is the spouse of D who completed the marriage report with D on November 27, 1997, and the Defendants are the children of D’s former wife. After D’s death on May 20, 2013, the Defendants jointly succeeded to D’s property at 3:2:2.
(B) Around June 17, 2013, Defendant B agreed with the Plaintiff and the Defendant C’s representative with respect to the amount of insurance money arising from D’s death as KRW 69,911,680, and received the payment.
(C) On June 14, 2013, Defendant B terminated the Korea Post’s savings account, received KRW 288,590, and received KRW 288,590 on September 11, 2013, and received KRW 2,893,687 upon D’s withdrawal from the FF Cooperative members. On October 24, 2013, Defendant B terminated the FF Cooperative’s self-reliance deposit account and received KRW 8,17,191.
(D) After Defendant B received a passbook from the Plaintiff, Defendant B deposited KRW 1,00,000 from the said account on June 24, 2013, and deposited KRW 38,162,149 on a total of 50 occasions between September 5, 2014 and September 5, 2014.
(2) (A) According to the above facts of recognition, the sum of KRW 81,271,148 ( KRW 69,91,680 + KRW 288,590 + KRW 2,893,687 + + KRW 34,830,687 in the Plaintiff’s share of inheritance + KRW 34,830,492 in the Plaintiff’s deposit withdrawn by Defendant B and KRW 38,162,1492,641 in the aggregate of KRW 72,92,641 in the Plaintiff’s share of inheritance ( KRW 34,830,492 + KRW 38,162,149) in the Plaintiff’s deposit withdrawn by Defendant B constitutes a benefit obtained without legal grounds. Barring any special circumstance, Defendant B is obligated to return KRW 72,92,212,21 in the Plaintiff’s share of inheritance to the Plaintiff.
(B) The Plaintiff is the death insurance money of Defendant C and D.