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(영문) 서울서부지방법원 2019.05.23 2018가합38911
부당이득금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relevant Plaintiff and the Defendant, and C, D, E, F, G, and H are children of the network I (Death on July 4, 201, hereinafter “the deceased”).

B. On March 6, 2008, the Plaintiff agreed to receive KRW 700 million from the Deceased on the gift contract and each of the receipts of this case (hereinafter “the gift contract of this case”) and agreed to receive KRW 700 million from the Deceased, and the said money was delivered from the Defendant who was actually in charge of the deceased’s property (hereinafter “the gift contract

(3) On the same day, each of the accounts with KRW 100,000 deposited in KRW 100,000 (hereinafter “instant 1 receipt”).

On June 5, 2008, the Plaintiff drafted a receipt on June 5, 2008 (amounting to KRW 100 million) stating three accounts of deposit certificates and KRW 100 million in cash each of the following according to the gift contract of this case on April 5, 2008: (a) on June 5, 2008, the maturity of the JJ (amounting to KRW 100 million); (b) on June 5, 2008, the maturity of the JJ (amounting to KRW 100 million), the Plaintiff drafted a receipt stating three accounts of deposit certificates and KRW 100 million in cash (hereinafter referred to as “instant receipt”); and (c) on June 1 and 2, 2008, the sum of the receipts of this case (hereinafter referred to as “each of the instant receipts”).

1) The Plaintiff on April 5, 2008, who confirmed on September 22, 2008, 1) the certificate of deposit (100 million won) the negotiable deposit account (100 million won account) the certificate of deposit (10 million won account) the certificate of deposit (10 million won account P4 billion won) the cash (100 million won).

C. The Plaintiff filed a lawsuit against the Defendant and E with the Seoul Western District Court No. 2012Kahap7731 (Seoul Western District Court 2012Gahap7731) (in the Republic of Korea, D filed a lawsuit against the Defendant and E, 2012Gahap3013).

The plaintiff asserted that the plaintiff was not donated KRW 70 million from the deceased, such as cash and the certificate of deposit, but the court of the first instance held that the plaintiff was donated KRW 130,00,000 from the deceased on February 4, 2016, and thus, the plaintiff was returned to the plaintiff as a forced reserve return, and the defendant was 283,260,594, and E was 363,258,292.

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