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(영문) 광주지방법원 2015.08.27 2014가합56104
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From April 207, the Plaintiff and the Plaintiff’s deceased C (hereinafter “the deceased”) were living together with the street cleaners, who were the street cleaners belonging to the Non-Party Leisure City Corporation, from around April 2007, the Plaintiff continued a de facto marital relationship with the deceased on June 24, 2009 after completing the move-in report as the instant apartment on June 24, 2009. The deceased purchased the instant apartment on August 21, 2010 and completed the registration of ownership transfer under the name of the deceased on September 24, 2010.

B. The deceased’s death and the Plaintiff’s inheritance 1) died due to a traffic accident on October 31, 2013. At the time of the death, the deceased’s property as the property of the deceased was KRW 50,000,000 deposit claims (Account Number: E), and the retirement allowance claim of KRW 105,931,550 upon the death (hereinafter “instant retirement allowance”).

2) The Defendant, as the sole statutory inheritor, succeeded to the above property upon the death of the deceased.

Accordingly, on November 1, 2013, the Defendant changed the name of the deposit account in the National Bank. On December 31, 2013, the Defendant completed the registration of ownership transfer for the instant apartment on October 31, 2013. On February 25, 2014, the Defendant received KRW 105,931,550 from the Small and Medium Urban Corporation as retirement pay.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the result of response to each order to submit financial transaction information to the Korean Bank Co., Ltd. by this court, the result of reply to fact-finding about the leisure city construction by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. When the Plaintiff’s assertion was unable to live due to a traffic accident around A, 2006, the Plaintiff was 9,500,000 won that the Plaintiff was gathered by the Plaintiff’s mother, and the Plaintiff was able to grow the money, various collections, chickens, dog, turkeys, etc. once in the market, and collected money and 400,000 won old age pension for the Plaintiff’s mother and the Plaintiff’s mother.

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