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(영문) 부산지방법원동부지원 2014.08.29 2014가합1095
부당이득금반환 등
Text

1. Of the Plaintiff’s lawsuit against Defendant C and the Plaintiff’s claim against Defendant B, the heir against Defendant B.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the father of the Defendants, and the Defendants are the Plaintiff and D’s children.

B. Defendant B’s payment and receipt (1) from March 27, 2009, Defendant B leased KRW 30 million as lease deposit and KRW 202 as of March 27, 2009, KRW 30 million as of the lease deposit and KRW 23 months as of March 27, 2009.

(2) The Plaintiff terminated the agricultural regular deposit of KRW 60 million, which was deposited in the name of the Plaintiff, D, and G (the mother of the Plaintiff) to use for marriage funds of the Defendants, and remitted KRW 30 million among them to the instant lease deposit.

(hereinafter “The instant lease deposit”). (3) Defendant B received KRW 30 million from E on March 19, 2013.

C. The Plaintiff and D’s divorce lawsuit (1) in the first instance court (the Busan Family Court 2011ddan14295 (principal lawsuit, divorce, etc.), etc.) and D’s divorce lawsuit between the Plaintiff and D, the said court rendered a judgment on February 25, 2013 that “the Plaintiff shall pay to D 126,000,000 won as division of property and 5% interest per annum from the day following the day this judgment becomes final to the day of full payment.”

In the above judgment of the first instance court, D’s net property is KRW 26,873,841, and Plaintiff’s net property is KRW 355,476,054, and property division ratio is KRW 40%, Plaintiff 60%, and Plaintiff’s deposit was classified as Plaintiff’s active property.

(2) The appellate court of the second instance (the Busan Family Court 2013Reuu496 (principal lawsuit), and 2013Reuu502 (Counterclaim), etc.) rendered a judgment on the claim for division of property between the Plaintiff and D (the appellate court of the said divorce case) that “the Plaintiff shall pay to D the amount calculated by the division of property at the rate of 5% per annum from the day following the day on which this judgment becomes final and conclusive to the day of full payment.”

In the above appellate judgment, D's net property is KRW 34,05,609, Plaintiff's net property is KRW 325,476,054, Plaintiff's net property is KRW 40%, and Plaintiff's net property division ratio is KRW 40%.

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