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(영문) 대전지방법원 2015.10.28 2015가합1479
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

Plaintiff E is the wife of H who died on July 7, 2013, and Plaintiff B, D, C, and Plaintiff E are the children of each network H and Plaintiff E.

Defendant F is the husband of the deceased H and Plaintiff E, who died on December 24, 2014, and the deceased’s husband, the deceased H and Plaintiff E’s fraud, and Defendant G is the father of Defendant F and the deceased’s husband, and Defendant G is the father of Defendant F and the deceased’s H and Plaintiff E’s grandchildren.

In this case, if the household level surrounding the plaintiffs and the defendants is organized, it is as listed below [Attachment 1].

On January 22, 2013, the amount deposited from the account under the name of the deceased H (AC) Plaintiff E (C) Plaintiff B (C) Plaintiff D (C) Plaintiff C (C) Plaintiff C (C) Defendant G (C) (C) Defendant G (C) (C) Defendant F (C) of the network H (C) was withdrawn from the 306,000,000 won (hereinafter “the instant money”) from the NA’s account under the name of the deceased H (C).

[Based on the basis of recognition] The facts without dispute, Gap evidence Nos. 1 and 4 (including the number of branch numbers; hereinafter the same shall apply), and the purport of the entire pleadings by the parties asserted by the parties concerned, the network I used the funds of this case to withdraw the auction application which was conducted in relation to K Apartment 430 Dong 502, Gangdong-gu Seoul, Seoul, which was owned by himself, by withdrawing the money of this case from the account under the network H.

Since the deceased H died on July 7, 2013, the deceased unjust enrichment of KRW 258,923,727, excluding KRW 47,076,923, equivalent to the deceased I’s inheritance shares, among the instant money.

However, as the network I died on December 24, 2014, Defendant F, her husband, acquired the ownership of the above apartment on the ground of the agreement on the share of inheritance.

After all, Defendant F received the deceased I’s unjust enrichment by succeeding it as it is.

After all, Defendant F is obliged to pay 258,923,727 won which was unjust enrichment in proportion to the inheritance shares of the plaintiffs' net H in proportion to their inheritance shares.

Preliminary claim, even if Defendant F, even if it cannot be viewed that Defendant F received unjust enrichment 258,923,727 won from the deceased I as it is, it cannot be viewed that it was acquired by transfer.

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