1. All of the plaintiffs' claims are dismissed.

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

Basic Facts

Plaintiff

A is the legal spouse of D (hereinafter referred to as “the deceased”), and the plaintiff B is the children of the deceased.

The Deceased died on February 28, 2015.

Before the deceased’s death, from September 14, 2014 to February 16, 2015, the sum of KRW 697,514,000 (hereinafter “instant deposit”) was transferred from the bank account under the name of the deceased to the bank account under the name of the Defendant, and the sum of KRW 17,50,000 was deposited from the bank account under the name of the Defendant on September 22, 2014 to the said account under the name of the deceased.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 3, and 6 (including the number of pages; hereinafter the same shall apply), and the purport of the entire argument, the defendant asserted the whole purport of the argument, regardless of the will of another deceased, arbitrarily transferred the deposit of this case owned by the deceased to his bank account, and only KRW 17,500,000 among them were returned to the deceased's account.

Accordingly, without any legal cause, the Defendant obtained profits equivalent to KRW 680,014,00,00 from the deposit amount of this case minus the above KRW 17,50,000, and incurred damages equivalent to the same amount to the Plaintiffs, the inheritor of the Deceased. As such, the Defendant is obligated to return to the Plaintiff A the amount of KRW 408,008,40 equivalent to KRW 3/5, which is his share of inheritance, out of the above KRW 680,014,00,00, and KRW 272,05,60 equivalent to the above KRW 680,00,00, which is his share of inheritance, to the Plaintiff B as unjust enrichment.

In a lawsuit claiming restitution of unjust enrichment, the burden of proving the fact that profit was made without legal cause is borne by the claimant.

(See Supreme Court Decision 2007Da72786 Decided May 29, 2008, etc.). The fact that the instant deposit was transferred from the bank account under the deceased’s name to the bank account under the name of the defendant from September 14, 2014 to February 16, 2015, and that the deceased died from liveram on February 28, 2015 is as seen earlier, and that the written evidence Nos. 2, 3, B, 17, 18, and 19 was examined.