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(영문) 서울중앙지방법원 2016.08.11 2015가단5332011

구상금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As the deceased on May 30, 2006, six persons, such as D, girs and girls, the deceased spouse of the deceased C, the defendant, the male, the plaintiff, the female E (F, G, the spouse of the deceased on August 4, 2005) and H, the male and female, were co-inheritors.

B. In South Korea, the remaining Plaintiff, while living together with the mother-friendly D, managed apartment buildings, land and buildings, golf membership rights, deposits, bonds, stocks, etc. (e.g., appraised amount of KRW 3.., KRW 3.9 billion), which are inherited property of the network C, and paid inheritance, gift tax, comprehensive real estate holding tax since 2006. However, the agreement among co-inheritors on the scope and method of division, etc. of the net C’s inherited property has not been reached.

C. On October 24, 2013, the Defendant filed a claim against the Plaintiff for the division of inherited property with the Seoul Family Court 2013D and 250, and F and G filed a claim for the division of inherited property with the Seoul Family Court 2013D, the Plaintiff, the Defendant, and H on November 26, 2013, and the Seoul Family Court 2013D and 3073. The said two cases were jointly deliberated upon, and the said court rendered a decision in lieu of the conciliation on May 27, 2015, and the decision in lieu of the conciliation became final and conclusive on June 18, 2015.

The main contents of the decision in lieu of the above conciliation are as follows:

1) Six co-inheritors divides the inherited property of the deceased’s deceased’s deceased-gun I and the above J land by dividing the amount calculated by deducting the auction procedure expenses from the proceeds of auction after auctioning 62 Dong-gun, Gangnam-gu, Seoul by 10/100 shares, F with 15/100 shares, 30/100 shares, and 5/100 shares and 5/100 shares, respectively, to the Plaintiff. The six co-inheritors of o-gun, Sung-gun, Sung-gun, Seoul, divided into G and 1/2 shares and jointly owned by 1/2 shares, with respect to the remaining property of the deceased, and with respect to each other, civil, household affairs, etc. related to the above deceased’s inherited property in the future.