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(영문) 서울동부지방법원 2015.09.17 2015가단101932
부당이득금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from February 5, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C died with wife D, F, G, H, I, J, K, and L on January 8, 199.

B. On April 1, 1999, D, G, H, I, and J reported to the Seoul Family Court to waive the deceased C’s inheritance of property, and the same year.

5.4. The above report was accepted, on the other hand, F, K, and L were the same year.

4.7. Report to the Seoul Family Court on the renunciation of inheritance of the deceased’s property, and the same year.

4. 19. The above report was accepted.

C. On August 31, 1999, E, among the deceased C’s successors, did not give up his/her property inheritance due to due diligence, had been diagnosed with brain death on August 31, 199, and had a psychotropic deficit, such as the left-hand side vision and flachial disorder.

E determined M on January 20, 200 as his/her agent, and delegated all incidental affairs related thereto, such as disposal of real estate owned by E, securities, litigation cases based on inherited property, and receipt of money.

(2)(e)

In August 2001, Sejong-gu Seoul Special Metropolitan City, which was owned by N Co., Ltd. (hereinafter “N”), sold the land of KRW 12,689 square meters, Jongno-gu Seoul Metropolitan City P, Q 214.4 square meters and buildings, and collected KRW 701,602,470, and appropriated it for N’s delinquent taxes. E against the Republic of Korea at the Seoul District Court (2001Gahap6409) in the above public sale procedure, as the net collateral security in the above public sale procedure takes precedence over the Defendant’s tax claim, the Defendant claimed that the net collateral security in the above public sale procedure takes precedence over the Defendant’s tax claim, and filed a lawsuit claiming the return of the deceased’s heir as unjust enrichment.

F. Meanwhile, on March 18, 2003, E designates M and the Defendant as its agent, and delegates all necessary activities for inspection of documents, application for issuance, and other confirmation and other incidental activities for the restoration of rights to other property related thereto to related courts, banks, tax offices, and other related institutions necessary for the management and auction of the network C’s property rights, real estate, securities, and collateral security (20 billion won). (A) The E delegates all of the incidental activities related to the inspection of documents, application for issuance, and other verification, and claims, such as the network C’s property rights, securities, and collateral security.

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