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(영문) 서울중앙지방법원 2019.10.16 2018가합5657
부당이득금 반환청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the head of the deceased C (hereinafter “the deceased”). The Defendant is the south of the deceased, and the spouse D of the Defendant and the Defendant lived together with the deceased from around 1979.

B. On August 1, 2011, the Plaintiff filed a petition for adjudication of incompetency with the Incheon District Court Branch Branch of the Incheon District Court Decision 2011Ra600, and on June 25, 2013, the said court rendered a judgment of adjudication of quasi-incompetent on the ground that the deceased was in a state of mental disorder not in a state of mental disorder but in a state of mental disorder, the deceased was deemed quasi-incompetent, and the Plaintiff, an extended person, was the legal guardian of the deceased.

C. On October 1, 2013, the Defendant filed a request with the Incheon District Court to replace the deceased’s guardian to the Defendant as the vice-branch of the Incheon District Court 2013 Madan972, and filed a request with the Plaintiff for provisional disposition suspending the performance of duties of the guardian on October 22, 2013.

On November 5, 2013, 2013, the Busan District Court appointed E, who is the birth of the deceased, as the guardian’s representative, upon accepting the above provisional disposition application, and dismissed the request for replacement of the guardian on March 4, 2014.

The Defendant filed a complaint with the Incheon District Court No. 2014B35 against the above guardian’s replacement claim and filed a preliminary claim for the replacement of the guardian to E. The above court accepted the preliminary claim on August 21, 2014 and replaced the guardian to E. The Plaintiff re-appealed to the Supreme Court No. 2014S167, but the Supreme Court dismissed the reappeal.

E. On December 17, 2015, the Plaintiff filed a claim for the replacement of a guardian with the Incheon Family Court’s Vice-Support 2015-Ma1486, and the said court replaced the guardian to F on June 28, 2017.

F. The Deceased died on January 14, 2018, and the Deceased’s heir is the Plaintiff and the Defendant, as his child.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, 26 evidence, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the plaintiff's assertion is that of the deceased.

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