(영문) 서울동부지방법원 2020.06.10 2018가단142149

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(영문) 서울동부지방법원 2020.06.10 2018가단142149

보관금 청구

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on August 20, 2018, and around 2004, the deceased’s death, the deceased’s wife, died in around 2004, and the deceased’s heir was deceased in around 2010, and there was Plaintiff C and D, the deceased’s children as the grandchildren of Plaintiff A, Plaintiff B, Defendant E, and the deceased’s children.

B. Around July 4, 2016, the Plaintiff, who was his/her possession, sold to J a house of KRW 320,000,000 with the land of KRW 116 square meters and the two-storys above that were owned by the deceased (hereinafter “Blue Real Estate”). On September 30, 2016, the registration of ownership transfer was completed in the future of J on September 30, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and 5 (including paper numbers; hereinafter the same shall apply)

2. On July 4, 2016, the deceased asserted that he/she sold a broad name real estate owned by the deceased and received at least 245,000,000 won, excluding deposit for lease, at least KRW 320,000,000 from the proceeds of sale, and leased and resided at KRW 120,000,00 in the lease deposit.

After that, the above lease contract between the defendant and the deceased was terminated due to the death of the deceased.

The remaining cash KRW 125,00,000 has been in custody of the defendant, who is arbitrarily consumed, etc.

Therefore, the Defendant is obligated to pay the Plaintiff A and B the amount of KRW 61,250,00 (=245,000,000 x 1/4), the Plaintiff C and D respectively (=245,000,000 x 1/4), the amount of KRW 30,625,000 (=245,00,000 x 1/4 x 1/2) and the amount of delay compensation according to the Plaintiff’s share of inheritance.

3. As otherwise alleged by the Plaintiffs, some of the records on the evidence Nos. 7 and 10, as alleged by the Plaintiffs, the deceased entered into a lease agreement with the Defendant on the housing owned by the Defendant and paid the deposit to the Defendant.

or 125,000,000 won out of the proceeds of sale of the sale of a optically named real property owned by the deceased.

It is not enough to recognize that the unjust enrichment was made by consuming or consuming it, and other data that can be seen as the same.

유사 판례

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