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(영문) 서울북부지방법원 2014.02.07 2013가단4286
부당이득금 반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children between C (Death on March 27, 1986) and D (Death on March 3, 2012). The Plaintiff is South Korea and the Defendant are South Korea, the Defendant is the deceased, and there is 3 male and female E in addition to the deceased and the Defendant as the deceased heir.

B. On July 10, 2010, the Defendant entered into a contract on behalf of the Deceased, G Apartment No. 1410, Dong 3, Dong 1410 (hereinafter “instant apartment”) on behalf of the Deceased, Seoul Special Metropolitan City, Nowon-gu, on a deposit basis of KRW 120 million. At the time of the down payment, the Defendant was transferred KRW 11 million out of the down payment 12 million to the Defendant Foreign Exchange Bank account (I).

C. On July 23, 2011, the Deceased sold the said apartment to J at KRW 242 million (i.e., intermediate payment of KRW 24 million in the event of a contract for down payment of KRW 24 million (i.e., payment of KRW 30 million in the intermediate payment of KRW 30 million on August 24, 2011) and completed the registration of ownership transfer on September 26, 201.

At the time of the sales contract, the deceased received 20 million won out of the down payment of 24 million won, and the remaining 22 million won was transferred to the savings account (K) of the deceased on July 28, 2011, and remitted 10 million won to H of the former lessee, and 12 million won was remitted to the Defendant.

On August 23, 2011, the Deceased transferred the intermediate payment of KRW 30 million to the Defendant’s L account, and deposited KRW 25 million on August 30, 2011 by a cashier’s check, and KRW 5 million was remitted to the Defendant’s L account.

From August 2010 to September 201, the Deceased opened the “M Medical Center” and paid 3,784,885 won as the principal’s charge for long-term care benefits. From October 23, 2011 to March 3, 2012, the Deceased was hospitalized in the “Nvalescent Hospital” and was charged with a total of 3,70,000 won of nursing fees.

E. The Deceased did not hold a claim against another financial institution other than the foregoing new bank deposit account. On October 201, 201, it was somewhat difficult for the Deceased to say or think that there was a little difficulty before being hospitalized in a convalescent hospital.

[Reasons for Recognition] Unsatisfy, A 1 to 4, .

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