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(영문) 서울중앙지방법원 2018.05.11 2017가합532282
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is Nonparty C’s child (the deceased on June 13, 2015, hereinafter “the deceased”). The Defendant is a spouse married with the deceased on November 12, 1974, and the deceased’s heir was the Plaintiff and the Defendant.

B. On June 24, 2015, the Republic of Korea Co., Ltd. paid the Defendant a 12,509,898 of the deceased’s June 6, 2015, a death retirement allowance (hereinafter “instant retirement allowance”) to the Defendant (i.e., KRW 826,176,331, a total of KRW 838,686,229 (= KRW 12,509,898 KRW 826,176,331).

C. On July 24, 2015, the Defendant deposited KRW 197,942,692 from the new bank account (Account Number D, Account Number E prior to the Defendant’s name in English) and deposited KRW 6,536,450 in the foreign exchange bank account (Account Number F, Account Number E).

On October 1, 2015, the Plaintiff prepared and delivered each of the following descriptions to the Defendant (hereinafter referred to as “instant notes”).

1. Each clerk shall cease to have parents and parents-self-satis.

2. Each book shall waive the miscarriage of his parent without all inheritance.

3. Each clerk shall not appear in front of all mothers, such as not attending a funeral ceremony, even if his/her mother dies;

E. On the other hand, the plaintiff and the defendant are the retirement allowance and the above in this case of inherited property.

The plaintiff and the defendant's actual inheritance share are 0:1, respectively, and the plaintiff and the defendant submitted a report on the tax base of inheritance tax and the revised report on the Gangnam tax office.

[Reasons for Recognition] Unsatisfy, Gap evidence 6 through 8, Eul evidence 2 and 4, the purport of the whole pleadings

2. The parties' assertion

A. (1) According to the Plaintiff’s assertion (1) as Japan’s husband, pursuant to Article 49(1) of the Private International Act and Articles 887, 890, and 900 subparag. 1 of the Civil Act, the Plaintiff and the Defendant, as co-inheritors, are 1/2 of the statutory inheritance portion.

(2) The deceased’s share of June 2015, the amount equal to or below the balance of the new bank and foreign exchange bank.

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