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(영문) 춘천지방법원원주지원 2016.10.20 2015가단32324
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs are the types of the network E.

B. The deceased E and the Defendant maintained a de facto marital relationship from around 1992 and died on February 13, 2015.

C. On November 1, 2001, the network E was determined as having a disability grade 5 due to a traffic accident while working for a company in the form of a company. From November 2001 to May 25, 2005, the network E received the total amount of 68,431,800 won of temporary disability compensation benefits from November 2001 to May 25, 2005, and received a lump sum of 33,734,930 won of disability pension on June 3, 2005, and received monthly disability pension from June 1, 2007 to January 31, 2015. Since the total amount was KRW 153,897,170, the industrial accident insurance amount that the network E received as the industrial accident compensation insurance amount is total of 256,063,900 won.

The network E continued operation and individual cargo registration before and after the occurrence of the above traffic accident, and continued to engage in transportation business, and obtained income of KRW 3,000,000 to KRW 4,00,000 every month.

The network E had no child, so there was no child support burden.

The revenue and expenditure of the network E is the same as above, and the property in the name of the network E is the whole cost of the individual cargo, and the credit card price liability of KRW 15,00,000 is imposed.

The defendant has not engaged in economic activities for about 22 years in a de facto marital relationship with the net E.

E. The net E, if it owns the property to the plaintiffs in its own name before their birth, was the disadvantage of the disability pension generated from the industrial accident compensation insurance, as well as the disadvantage of its own name due to various taxes, and was placed in the defendant in a de facto marital relationship.

In addition, Plaintiff A’s children continued to read that “The property which Plaintiff A left in the family upon the death of the third party is another person, but will return to she.”

F. On December 8, 2008, the network E acquired a house with a size of 495 square meters and a multi-family house with two floors above the land in the name of the Defendant. On October 26, 2011, the network E acquired a house with a size of 2301 square meters and four floors above the ground in the name of the Defendant.

(2).

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