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(영문) 서울중앙지방법원 2017.12.08 2016가합556762
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The deceased E (hereinafter “the deceased”) who was the representative director of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) died on January 4, 200. At the time, Defendant C, his wife, F, G, and Plaintiff B, who was a child born between Plaintiff A and Plaintiff A, was born between Plaintiff A and his wife, and there was H, I, and J, who was a child other than marriage.

Plaintiff

A was in office as a director or internal director of the defendant company from December 30, 1994 to March 9, 2015, and the defendant C is in office as a director or internal director of the defendant company from March 9, 200, and is currently in office as the representative of the defendant company.

B. On October 7, 1999, the deceased, at his own house, designated Defendant C as the executor. The five floors and the site ownership thereof (hereinafter “K building”) in Gangnam-gu Seoul, Seoul, which were owned by the deceased, made a testamentary gift of KRW 2,100,000 to Plaintiff A, R Co., Ltd. (hereinafter “R”)’s shares of 9,590 shares of the Defendant Co., Ltd., Defendant C, and the five floors of the building, Gyeonggi-gu, Gyeonggi-gu, Seoul, and the N, Chungcheongnam-do, Chungcheongnam-do, and Chungcheongnam-do, Chungcheongnam-do, and Defendant C (hereinafter “instant donee”), respectively, made a testamentary gift of KRW 2,100,00,000 for each of the instant testamentary deeds (hereinafter “notarial deed”).

C. Upon delegation from Plaintiff A, on April 3, 200, Defendant C created one bank account under the Plaintiff’s name (hereinafter “one bank account”) and managed it until November 5, 2014. On January 4, 2010, Defendant C created a national bank account under the Plaintiff’s name (hereinafter “national bank account”) and managed it until July 28, 2016.

Plaintiff

A The opening and management of each account of this case to Defendant C, and the inherited property of the donee of this case and Plaintiff A.

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