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(영문) 서울북부지방법원 2020.04.08 2019나33720
상속회복
Text

1. The plaintiffs' appeal and the plaintiffs' claim against the defendant C expanded by this court are dismissed in entirety.

2...

Reasons

Basic Facts

The deceased G (hereinafter referred to as “the deceased”) died on October 29, 2015, and there was an individual and Defendant C as his heir.

Defendant D is the spouse of Defendant C, and Defendant E and F are the children of Defendant C.

On October 29, 2015, the deceased showed the symptoms of dementia immediately before the death. Around October 29, 2015, the deceased had the following money in a deposit account in the name of the Defendants (hereinafter “instant account”). At the time of the death of the deceased, all of the said money was withdrawn.

Defendant C: (a) KRW 20,000,000 out of the corporate bank deposit amount of KRW 40,000,000,000 was deposited on March 18, 2016; and (b) KRW 20,000,000 were deposited on April 18, 2016; and (c) each deposit amount of H Association was withdrawn on July 23, 2015.

Defendant D: A corporate bank bank deposited in full on June 27, 2016; KRW 12,000,000 out of the H union deposits was withdrawn on July 9, 2015; and KRW 18,000,000 out of the remainder on June 12, 2015.

Defendant E: The deposit amount of H Association was fully withdrawn after December 18, 2015.

Defendant F: The deposit amount of HF was fully withdrawn on June 12, 2015.

The account number (won) of Defendant C Enterprise Bank I 40,000,000,000 K 10,000 K 10,000,000 Defendant D Enterprise Bank L54,868,796 Total sum 84,868,796 H Association M 12,000,000 N 18,000,000 for Defendant EH Association P 30,000,000,000 for Defendant EH Association P 30,000,000, 25,000,000 for Defendant FH Association P 25,00, there is no dispute, and the summary of the order to submit financial transaction information in the name of the deceased as a whole, and the purport of the order to submit the statement in the name of the Plaintiff’s account constitutes the purport of the entire submission of the statement in the name of the Plaintiff.

The Defendants, by taking advantage of the situation in which the Deceased was unable to properly manage the above account due to dementia, obtained unjust enrichment by withdrawing all the money in the above account at the time of the Deceased’s death, or by embezzlement or embezzlement. As such, the Deceased was based on the tort against the Defendants.

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