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(영문) 대전지방법원 2016.10.14 2015가합106374
부당이득금
Text

1. The defendant

A. As to KRW 11,814,440 among Plaintiff A and KRW 4,475,243 among them, the Plaintiff’s 11,814,440 won and KRW 5,475,243 on March 5, 2016.

Reasons

Basic Facts

The plaintiffs and the defendant are siblings, and the rest of the punishment system is set forth in the long-math network D, the Namnam network A, the Namnam network E, the long-math network F, the defendant, the girls and girls network G, and the girls and girl B.

H, as the plaintiffs and the defendant, died on July 30, 1990, and the mother-child I died on February 20, 2013.

On March 12, 2008, the South-Namn Network D died and died on March 12, 2008, and the wife J, children K, L, M, M, and N of the network D died on September 18, 2005, and the South-Namn Network E died on October 5, 1968.

The deceased F (hereinafter referred to as “the deceased”) died on March 9, 2015 under his/her unmarried status, and the deceased’s inheritors are those of the deceased D’s substitute heir, who are collateral blood relatives, the Plaintiff A, the Defendant, the deceased’s substitute heir, and the Plaintiff B.

Before the deceased’s death on February 24, 2015, a testamentary document stating that the deceased’s retirement pay and other allowances shall be paid to the Defendant at the time of debate, the deposit claim claims, and all financial assets held by the deceased, other than the above deposit claim claims, shall be bequeathed to the financial institutions (hereinafter “notarial deed of this case”) was written as of February 24, 2015 under the presence of witness R and S.

The plaintiffs asserted the purport of the whole pleadings, including facts without any dispute, Gap 1 through 5 (where there is a number, including a branch number; hereinafter the same shall apply), Eul 1, and Eul 1, and the purport of the whole pleadings, and infringed the plaintiffs' legal reserve of inheritance, which are co-inheritors of the deceased, by donating all the property of the deceased to the defendant.

Therefore, the defendant has a duty to refund the difference in legal reserve of inheritance 21,036,670 won and damages for delay to the plaintiffs.

The Defendant’s testamentary gift to the Defendant before the death of the deceased was bequeathed to the Defendant, because the Defendant, who was living in the next house before the death of the deceased, was frighting to the deceased, and thus, bequeathed the deceased’s property to the Defendant.

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