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(영문) 부산지방법원동부지원 2020.06.03 2019가단6777
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty C died on July 6, 2016 (hereinafter “the deceased”), and the Plaintiff is one of its successors.

B. On August 26, 2015, the Deceased received KRW 500,333,729, from the Association for the Development and Improvement of D’s Housing Redevelopment (hereinafter “D’s Housing Development and Development”) on the land owned by the Deceased, Nam-gu, Busan.

C. On August 26, 2015, the Deceased deposited the said compensation into a new bank account in the name of Nonparty F, one of the successors.

After August 31, 2015, KRW 500,000 was withdrawn from the above new bank account with two cashier's checks (200,000,000 won and KRW 300,000,000). Of the above cashier's checks, 200,000, out of the above cashier's checks was deposited into the post office account (H) on August 31, 2015, the check was withdrawn again on June 10, 2016, and was deposited into the Defendant's KEB account on July 12, 2016 after the deceased's death.

(hereinafter referred to as “the instant money”) KRW 200,000,000, which was paid last to the Defendant’s account.

The Plaintiff asserted that, as Busan District Court Decision 2016Gahap47914, the Deceased had the F keep an amount exceeding the total of 600 million won, including the instant money, in F, and filed a lawsuit seeking payment of the amount equivalent to the Plaintiff’s share of inheritance.

On October 17, 2018, the above court dismissed the part concerning the instant money from the Plaintiff’s claim, and determined that the post office account in the name of F was cancelled before the Deceased’s death, and that the above post office account is likely to have been managed and used as well as that of the deceased’s other accounts in the name of F. Thus, it cannot be readily concluded that the instant money deposited to the Defendant is in the custody of F.

Although the Plaintiff appealed against the above judgment (Seoul High Court 2018Na57653), on June 10, 2019, the appeal was dismissed, and the above judgment became final and conclusive.

[Reasons for Recognition: Evidence A, Nos. 1, 2, and 4 (each entry, including each number);

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