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(영문) 의정부지방법원 2015.04.24 2014나11759
예금반환 등
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. C and D, as married couple, had Defendant B, Plaintiff (Appointed Party) A, Appointed E, Appointed F, G and H as their children.

G died due to his death on January 12, 1991, H succeeded to H’s property as the sole heir of the designated person I.

B. D died on October 26, 1999, and C on June 25, 2007, respectively.

C. Defendant B asserted that the respective share of 1/2 of the land on 13 lots, including the land size of 496 square meters in Gangwon-gun, Seowon-gun, Seowon-gun, was in title trust to the deceased H. Defendant B filed a lawsuit against the appointed party I to implement the procedure for the registration of transfer of ownership on the ground of unjust enrichment return as to the said share of land.

In this regard, I argued that Defendant B manages and keeps the total amount of KRW 203,00,000 retirement pay and traffic accident compensation amount of KRW 203,00,00,000, his own set up a counterclaim against Defendant B as the District Court 2006Kadan25141 (Counterclaim).

On May 11, 2006, Defendant B and Selection I transferred 1/2 of the three parcels of land to Defendant B, and additionally paid 30,000,000 won to Defendant B. On the other hand, Defendant B’s remainder of the main claim and I’s counterclaim were concluded by agreement to the effect that each of the counterclaim claims by the designated parties would be waived (hereinafter “instant conciliation”).

E. On February 7, 2007, Defendant B deposited the savings deposit (hereinafter “the instant deposit”) in the name of the deceased C in the name of the deceased C at the Chuncheon Livestock Cooperative (hereinafter “Defendant Livestock Cooperative”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 3 and 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff et al. asserts that the claim of this case is part of the net C's inherited property, and as to the defendant Livestock Cooperatives, the deposit is based on the inheritance shares of the plaintiff et al.

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