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(영문) 창원지방법원통영지원 2019.11.21 2017가단26484

보증금반환

Text

1. The Defendants pay KRW 60 million to the Plaintiff within the scope of the property inherited from the network D.

2...

Reasons

Basic Facts

On July 25, 2013, the Plaintiff entered into a lease agreement between the deceased D (hereinafter referred to as “the deceased”) with respect to the building F of the building E (hereinafter “instant housing”) owned by the deceased, with a deposit of KRW 120 million for the period from August 31, 2013 to August 30, 2015 (hereinafter “instant lease agreement”), and paid the said deposit to the deceased around that time.

The Deceased died on August 9, 2014, and all of the first and fourth inheritors renounced their inheritance except the Defendants.

The Defendants filed a motion to waive inheritance on January 17, 2018 with the Daejeon Family Court’s 2018-Ma49, as the deceased and their senior family members (the deceased’s children) (the deceased’s children), but were dismissed on May 11, 2018 for the following reasons.

A successor to the grounds for the judgment on the Daejeon Family Court Decision 2018Hu49 dated 49 may waive inheritance within three months from the time he/she becomes aware of the commencement of the inheritance.

(1) According to the records, Article 1019(1) of the Civil Act provides, however, that A filed a lawsuit against the deceased D to return a lease deposit (the original district court’s jurisdiction over the original district court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch court’s branch office’s branch court’s branch office’s branch office’s branch office’s rejection of succession, correction of the party’s statement, purport, and cause modification to the claimant’s petition. The claimant was served on November 24, 2016 upon receipt of the application for modification of the duplicate of the complaint, purport,

Therefore, the petitioner's request for a trial of this case is unlawful, so that it is decided as per Disposition.

The Defendants, on September 7, 2018, filed a special approval report with the Daejeon Family Court of Law No. 2018-Ma5227, and filed a qualified acceptance report on July 29, 2019.