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(영문) 대구지방법원 2014.11.27 2013나22223
부당이득금반환청구등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The deceased G (Death on January 10, 2007) is the mother of the deceased, the defendant who is the plaintiff, the defendant who is the plaintiff, H, and the plaintiff's model E (Death at the beginning of 2005). I is the defendant's husband, and F is the defendant's child.

B. The Plaintiff received insurance money equivalent to KRW 700 million due to a traffic accident that was sustained on April 26, 2004. On November 2004, the Plaintiff purchased the said money in the name of E, the building attached thereto (hereinafter “instant building”). Around that time, the Plaintiff completed the registration of ownership transfer in the name of F on January 31, 2005, following the death of E. The Plaintiff completed the registration of ownership transfer on April 14, 2008.

C. At the time of receiving the above insurance money, the Plaintiff comprehensively delegated the management of the insurance money to the network G, and the network G delegated the Defendant with the duties concerning the management of the instant building.

Around June 2005, the Defendant entered into a lease contract with a deposit of KRW 60 million on the deposit of KRW 3,50,000 among the instant building (hereinafter “instant lease contract”). Of the deposit of the lease deposit, 3,50,000 won was paid as a brokerage fee for the instant lease contract, and 3,70,000 won was paid as a property tax for the July of the instant building, and the remaining 5,470,000 won was deposited into the account in the name of F.

E. On July 18, 2005 and July 28, 2005, the Defendant paid KRW 30 million out of the deposit for the lease on a deposit basis to H under the pretext of funding the lease on a deposit basis.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 12, 13, and 15 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be deemed to have been entrusted by the plaintiff with the management of the building of this case through the network G, so the money received from the plaintiff due to the handling of delegated affairs pursuant to Article 684 of the Civil Act shall be delivered to the plaintiff.

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