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(영문) 수원지방법원 2017.11.22 2015가단140178
부당이득금
Text

1. The Defendant each of the Plaintiffs’ KRW 6,816,00, and 5% per annum from November 24, 2015 to November 22, 2017.

Reasons

1. Facts of recognition;

A. On July 30, 2003, the deceased E (hereinafter “the deceased”) reported a marriage with F, China, but did not report the marriage after the divorce on December 10, 2004, and died on August 13, 2015.

B. From around 2008, the Defendant living together with the Deceased while making a teaching work, and attached the seal of the Deceased on August 19, 2015, which was before the Deceased’s death, and completed the marriage report between the Deceased-si and the Defendant by submitting the said report to the head of Cheongju-si.

(hereinafter “instant marriage report”). C.

The plaintiffs are the deceased's leakage, and not only three brothers and sisters are added to the deceased, and the plaintiffs jointly inherited the deceased's property with the remaining brothers and sisters as one-six shares.

Plaintiff

A filed a lawsuit against the Defendant for the confirmation of nullity of marriage with the Cheongju District Court 2015ddan32173. On July 13, 2016, the said court rendered a judgment that the marriage reported between the Defendant and the Deceased-si on August 19, 2015 and confirmed that the marriage was null and void. The Defendant’s appeal against the said judgment (Cheongju District Court 2016No. 10260) and the final appeal (Supreme Court 2017Meu1702) were dismissed, respectively. Accordingly, the instant report of marriage was cancelled on September 1, 2017 upon Plaintiff A’s application.

E. On September 4, 2015, the Defendant sold the deceased’s vehicle at KRW 30 million and brought the said money. On the 5th of the same month following that, the Defendant received KRW 350,000,000,000 from the deposit money of the Chungcheongnambuk University Hospital, which was paid in advance by the cash card of the deceased. On the 15th of the same month, the Defendant received KRW 4,180,641, and received KRW 7,51,862 in total, including KRW 3,00,000,000,000,000,0000,000,000 won.

[Ground for recognition] Unsatisfy, each entry of Gap 1-9 (including virtual number), and the whole pleading

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the above facts of recognition are examined.

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