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(영문) 인천지방법원부천지원 2020.05.08 2019가합100171
부당이득금
Text

1. The Plaintiff:

A. Defendant B: 24,000,000;

B. Defendant E’s KRW 18,640,00 and each of the said money on April 12, 2016.

Reasons

Basic Facts

The Plaintiff is the only heir of the Deceased as a deceased’s her mother, who is born between the deceased H (the deceased on April 12, 2016, 02:07, hereinafter “the deceased”) and I.

Defendant B and C are the parents of the Deceased, and Defendant D, E, F, and G are the siblings of the Deceased.

On May 22, 2001, the Deceased and I got a divorce, and the Plaintiff’s custody was to be made by I, and the Plaintiff did not come to and go with the Deceased.

On April 11, 2016, 10, 100, 50,000, from the National Bank Account in the name of the deceased (J; hereinafter “National J Account”) to the Defendant C’s account. The amount transferred from the J Account in the name of the deceased to the Defendant B’s name on April 11, 2016 before the deceased’s death to the Defendant B’s account in the name of 18,640,000, 200, from April 12, 2016 before the deceased’s death (K; hereinafter “K Account”) to the Defendant E Account in the name of the Defendant, the money transferred from the Deceased’s National Bank Account in the name of 40,000,000 to the Defendant’s name and 40,000,000, 200, 206, 2016, 206, 206, 2016, 206, 2016.

There is no consent from the Plaintiff regarding the withdrawal and transfer of 3-6 entries in the table of this case.

The Plaintiff became aware of the death of the Deceased on August 2017, and reported the death of the Deceased on February 27, 2018.

In submitting inheritance tax return and direct payment due to the death of the deceased, the Plaintiff reported to KRW 20,972,763, and additional tax for late payment as KRW 24,129,164.

Grounds for recognition: Facts without dispute, Gap evidence 1 through 5, and Gap evidence 7.

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