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(영문) 부산지방법원서부지원 2020.07.07 2019가단108198
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 28, 2007, E (hereinafter “the deceased”) leased the leased housing of 15 million won located in Busan Northern-gu (hereinafter “instant lease deposit”) and resided until he/she died.

B. From November 6, 2017, the Deceased received hospitalized treatment and outpatient treatment from G Hospital as “waste malicious malins and cerebral ties”

6. 26. Around July 5, 2018, when transferred to a sanatorium and received hospitalized treatment.

C. The Plaintiffs were children born between the deceased and I, who were the former wife of the deceased, and the Defendant was a legal spouse who reported marriage with the deceased on March 10, 201, and the Plaintiffs and the Defendant jointly inherited the deceased’s property.

On June 15, 2018, the Deceased withdrawn 2 savings accounts deposited at the K Association New Name Branch on two savings accounts from the J Bank G Hospital branch, and withdrawn 1.5 million won in total (i.e., KRW 30 million) from the J Bank account under the name of the Defendant, and deposit KRW 85 million into the J Bank account under the name of the Defendant, and KRW 20 million into the other L Union account under the name of the Defendant.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 15, Eul evidence Nos. 11, 13, 21, 22, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) For the following reasons, the defendant is obligated to return each of the plaintiffs 260,666,666 won [=120,000 won of the lease deposit of this case (i.e., KRW 15,500,000 of the withdrawn deposit) x 2/9 of the plaintiffs' respective shares in inheritance]. A) The deceased held title trust with the defendant prior to the death of his awareness for using his own medical expenses, prior to the death of his awareness for his own medical expenses. Since the plaintiffs, the heir of the deceased, terminated the title trust agreement by the delivery of the complaint, the defendant is obligated to return to the plaintiffs the amount equivalent to the plaintiffs' shares in inheritance among KRW 15,500,000,000.

B. The defendant inherited from the deceased.

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