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(영문) 울산지방법원 2017.11.15 2016가단60449

보험금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion and Defendant D are the parents of E, and Defendant B and C are the members of E.

E dies in a traffic accident on March 28, 2013, and the Defendants received total of KRW 335 million due to the death of E, and all of them did not return the insurance proceeds according to the Plaintiff’s share of inheritance.

Therefore, the Defendants should return to the Plaintiff KRW 167,50,000,000,000 corresponding to the Plaintiff’s inherited portion.

B. The Plaintiff’s assertion by the Defendants did not communicate with the Defendant D and his children, which was the denial of 30 years prior to the withdrawal of the Plaintiff.

As E dies due to a traffic accident, the Plaintiff did not demand the Defendant D to pay insurance proceeds due to the death of E.

On July 10, 2013, Defendant D consulted with the Plaintiff on the division of inherited property of the Plaintiff and E, and agreed to bring an action.

Therefore, the lawsuit of this case filed against the Collegiate Agreement is unlawful.

2. Determination as to the non-committee agreement

A. The Plaintiff and Defendant D were parents of E, and E died of an unmarried traffic accident on March 28, 2013.

On July 10, 2013, with respect to the division of inherited property following Defendant D and E’s death, the Plaintiff prepared a written agreement on division of inherited property (hereinafter “instant agreement”) with the following contents, and received authentication from a notary public’s F office.

Co-inheritors: D. D. inheritance due to the death of Jung-gu, Jung-gu, Ulsan Metropolitan City on March 28, 2013, the division of inherited property among the above co-inheritors shall be discussed as follows:

Article 1. All obligations borne by the network E shall be borne entirely by D.

Article 2 All insurance proceeds received from an insurance company due to the death of the deceased E shall be acquired by D, and D with such compensation shall be paid to A up to July 11, 2013.

Article 3 Section A waives all the rights to inherited property and does not raise any civil or criminal objection later.

Article 4 Costs of Funeral Services and Subsequent Monthlys.