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(영문) 수원지방법원 안양지원 2018.01.25 2017가단114335
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts 8 The deceased C (hereinafter “the deceased”) died on August 17, 2016, and the Plaintiff, the Defendant, D, E, and F jointly inherited the deceased. -

around September 7, 2015, G and 302 (hereinafter “instant real estate”) leased deposit KRW 180 million (hereinafter “instant deposit”) to the Defendant, and from September 7, 2015, the Defendant resided in the instant real estate along with the Defendant.

The deposit of this case is raised as the funds of the deceased. -

Meanwhile, around September 13, 2002, the Plaintiff and the Defendant expressed that they were donated from their parents. However, in calculating the Plaintiff’s share of inheritance or legal reserve of inheritance, the Plaintiff and the Defendant calculated 50 million won as the donation amount, it seems that there is no dispute over the donation from the deceased in light of the fact that the Plaintiff and the Defendant calculated 50 million won as the donation amount.

It received a donation of KRW 50 million.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The Plaintiff’s assertion 1) At the time of concluding a lease agreement on the instant real estate, the Defendant concluded a lease agreement under the name of the Defendant on the ground that it was difficult for the Deceased to conclude the contract because he was the aged near the age of 90 at the time of concluding the lease agreement on the instant real estate. Since the Plaintiff’s claim for the refund of the instant deposit is a de facto claim of the Deceased, the Defendant is obliged to pay the Plaintiff KRW 36 million (180 million KRW 11/5) equivalent to the Plaintiff’s share of inheritance. (2) The Defendant’s assertion that the Defendant donated the money equivalent to the instant deposit to the Defendant, thereby concluding a lease agreement on

Even if the above donation was not recognized, the Plaintiff received KRW 50 million from the deceased, even if the deposit was inherited property of the deceased, so the Plaintiff’s share of inheritance is not remaining in consideration of this.

(b).

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