2020Na2008928 Undue gains

The person who received the lawsuit from the deceased A

1. C.

2. D;

3. E.

[Judgment of the court below]

F

Law Firm Jinsu, Attorneys Oi-taen et al.

Suwon District Court Decision 2018Gahap53290 Decided February 7, 2020

November 4, 2020

November 20, 200

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant shall pay to the plaintiff C 18,571,00 won, 12,381,000 won, and 12,381,000 won, each of the above amounts, from May 1, 2013 to September 7, 2018, 5% per annum, 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the day of complete payment.

2. Purport of appeal

Among the judgment of the first instance, the part against the defendant among the part concerning the plaintiff C, the part concerning the plaintiff D, and E shall be revoked. The plaintiffs' claims corresponding to the revoked part shall be dismissed in entirety.

1. Quotation of the first instance judgment

The reasons to be stated in this judgment are as stated in the reasoning of the judgment of the first instance except for the parts added in Paragraph 2, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

After the 19th instance judgment of the first instance court, the Defendant received KRW 460 million in advance from the Defendant, excluding KRW 90,000,000,000 from KRW 550,000,000,000,000,000 (= KRW 550,000,000 - KRW 90,000) constitutes the deceased’s inherited property, and thus, by co-inheritors, inheritance of KRW 7666,666,666 for each co-inheritors (i.e., KRW 4660,00: 60,000: 6). The deceased received KRW 10,00,00 in excess of his/her own inherited property ( KRW 76666,66666). Accordingly, the Plaintiffs, who are the deceased’s inheritors, did not have a claim for return against the Defendant seeking payment of the inherited property.

In this case, the deceased filed the lawsuit of this case by asserting that only the remainder of KRW 260 million, including KRW 100,000,000,000,000, which was paid by the deceased from the defendant and returned to himself, was unjust enrichment within the scope of the defendant's unjust enrichment. The deceased died on May 15, 2018 while the lawsuit was pending, and the deceased died on May 15, 2018, and the deceased's heir was H, I, K, B, the plaintiffs (the deceased's substitute heir) and the defendant at the time of the death of the deceased.

In light of the above circumstances, the defendant is obligated to pay to the plaintiffs, who are succession successors of the deceased L, the amount equivalent to the deceased L's share of 260 million won out of the obligation to return unjust enrichment to the deceased for whom the plaintiffs sought 260 million won, according to their share of inheritance on behalf of the deceased, and the defendant's above assertion on different premise is without merit without further review.

Therefore, the plaintiff C's claim against the defendant is accepted as reasonable, and the plaintiff D and E's claim against the defendant shall be accepted within the scope of the above recognition, and the remaining claim shall be dismissed as it is without merit. The judgment of the court of first instance is justified in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

The presiding judge shall be a judge.

Judges Does

Judges Song Jinop

1)The sum of KRW 200 million paid by the Defendant to the deceased L and I for each one hundred million, and KRW 90 million for the refund of lease deposit.

2) 200 million Won X 146 Shares