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Reasons
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(영문) 서울중앙지방법원 2017.12.12 2016가합567656
손해배상(기)
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. G (hereinafter “the deceased”) died on September 21, 2015, and the heir is H, I, I, Plaintiff A, and B.

However, H died earlier than the Deceased, and his heir is Defendant C, Defendant D and E, who is his spouse.

Defendant F is the spouse of I.

B. On September 21, 2015, the Defendants asserted that the sum of the account number assessed (won) by the financial institution account holder (the account holder) on September 21, 2015, the deceased was KRW 146,603, 145, 325, 436, 205 K 178,833,060, while the Defendants asserted that the account holder was KRW 178,63,060, the Plaintiff appears to have been erroneous in the amount of KRW 178,83,060.

(A) evidence 55 No. 6). Defendant D’s U2ta Securities L 197,657,592 197,657,57,592 Defendant E U2an Securities M 235,785,785,785,868,786,986,211 U2an Securities P 103,534,930 Korea Bank P 3,094, 915,865,8766, total appraised value of KRW 915,865,876.

C. The Defendants kept and retained the money deposited in the instant account from the deceased’s death.

[Ground of recognition] The absence of dispute, Gap's evidence Nos. 1 through 6, 55, 56 (including each number; hereinafter the same shall apply), Eul's evidence Nos. 6, 10, 11, 12, and 14, the result of each order to submit financial transaction information to the relevant stock company and the Korean bank, and the purport of the whole pleadings;

2. The assertion and judgment

A. 1) The plaintiffs' assertion 1) since the plaintiffs' assertion account is the borrowed name account of the deceased, the defendants are obligated to return the amount equivalent to the plaintiffs' inheritance shares (each 1/4) out of the money deposited in the account of the deceased's inherited property, as compensation for damages or unjust enrichment due to the infringement of inheritance rights. 2) The defendants' assertion made by the defendants receive from the deceased an account or deposit in the name of the defendants, and the deceased managed the account of this case for the purpose of increasing the defendants' property.

Therefore, this case.

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