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Reasons
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(영문) 광주지방법원 목포지원 2018.05.30 2017가단53386
부당이득금
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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on June 16, 2017, and the deceased’s heir was the Plaintiff (appointed party; hereinafter “Plaintiff”) who was his/her child, D, and E.

B. The Defendant was in de facto marital relationship with the Deceased from October 2015 to the time of his death.

C. On June 19, 2017, the Deceased used the Agricultural Cooperative Account in F’s name (Account Number): After the Deceased’s death, the Defendant transferred KRW 55,950,000 (hereinafter “the instant deposit”) in the said account to the Defendant’s account under the name of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim is that the Plaintiff’s deposit is the property of the Deceased, and the Defendant is obligated to return each of the Plaintiff and the designated parties, who are the inheritor of the Deceased KRW 18,650,00 (= KRW 55,950,000 x 1/3 of the inheritance shares).

B. Of the Defendant’s assertion of this case, KRW 21 million out of the instant deposit received a loan from the Defendant or deposited money from the Defendant’s omission, and the Defendant spent KRW 5 million at the operating expense of the Deceased on January 2, 2017.

In other words, the sum amounting to KRW 26 million among the instant deposits shall be deemed to be owned by the defendant, and the remaining KRW 29,950,000 was donated to the defendant by the deceased.

3. The following circumstances, which are acknowledged by the overall purport of the testimony and pleading of the witness H, i.e., (i) the deceased received the ornamental beer meeting on December 27, 2016, and (ii) on December 23, 2016, prepared to the Defendant on December 23, 2016, a letter stating “vehicle and head of the Tong” was written to the Defendant on December 23, 2016 in preparation for the Defendant’s failure to cover himself. (iii) The Defendant obtained loans from the Defendant under the name of the Defendant to use for the work fund of the deceased, and the amount of KRW 11 million was given to the above F account.

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