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(영문) 서울서부지방법원 2018.06.07 2016가합33295

상속회복

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The summary of the Plaintiffs’ assertion, the Defendant, and D are South Korea, and the father, the father, died on January 29, 2007, and the mother, the F died on March 22, 2016.

From May 13, 2011, the Defendant, the Republic of Korea, as the mother of F, used or concealed all F’s share (1,793,488,320 won) and F’s deposit claims (380,702,004 won) in total, 2,174,190,324 won, excluding 584,207,260 won used as public charges such as taxes and health insurance premiums, and health insurance premiums, from among the rent income generated from a commercial building (Seoul, Songpa-gu G, Seoul, H, and I ground building) jointly inherited by father E.

Therefore, the defendant is obliged to pay 397,495,766 won equivalent to 1/4 of each inheritance share to the plaintiffs who are other co-inheritors.

2. In addition to the purport of the entire argument in each of the statements in Gap evidence Nos. 11 through 15 (including the virtual number) as to the cause of the claim, if F obtained rent income equivalent to the aggregate of KRW 1,793,48,320 from each of the above commercial buildings owned jointly with the plaintiffs, the defendant, and D, who are their children, from May 201 to May 2015, and as at May 20, 201, the fact that F owned a deposit equivalent to the aggregate of KRW 380,207,260 from May 20, 201, it was recognized that the defendant had no clear objection against the fact that he collected F from May 13, 201, but the defendant has used or concealed all of the remaining parts of the above property other than the amount used as public charges, such as taxes, health insurance premiums, etc., from the above property owned by F, it cannot be accepted.

3. The plaintiffs' claim for conclusion is dismissed in entirety as it is without merit. It is so decided as per Disposition.