상속회복청구
1. Of the instant lawsuit, the part of the claim for the confirmation of the right to claim monetary claims against Defendant I and J is dismissed.
2. The plaintiffs.
1. Basic facts
A. The Plaintiffs are the spouse and children of the deceased K (hereinafter “the deceased”) (the Plaintiff F and G were the deceased’s heir on May 1, 1997 as the deceased died on the front line of the deceased). The Defendant H was living together with the deceased from the late half of 1960 to December 14, 2015 without reporting the marriage with the deceased. Defendant I and the J were the children born between the deceased and the Defendant H.
B. On December 30, 2009, the Deceased lent L Co., Ltd. as joint and several sureties to KRW 200,000,000 as a principal debtor, M Co., Ltd., and N as joint and several sureties, and entered into a monetary loan agreement to receive KRW 3,00,000 as of the end of each month as of the 18% interest per annum. In this regard, on December 31, 2009, a notary public drafted a notarial deed of debt repayment contract No. 2359 of the certificate of O-Joint Law Office (hereinafter “O-Joint Law Office”).
C. Meanwhile, on June 22, 2016, Plaintiff E, Defendant I, and Defendant J agreed on the division of inherited property as follows.
1. Q. Q. Q. 371 square meters, R. 207 square meters, S. 53 square meters, and above ground 2-story housing, T. 767 square meters, and above ground 2-storys, U.S. 66 square meters, and G. 33.6 square meters, among co-inheritors, shall be owned by Plaintiff E, among co-inheritors; and Plaintiff E shall pay KRW 170,00,000,000, respectively, based on the actual transaction price, to Defendant I and J.
2. In addition to the above real estate, the deceased’s inherited property shall belong to Plaintiff E among co-inheritors, and all necessary documents related to the subsequent inheritance shall be given to Plaintiff E by actively cooperating.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 8-1 to 4, Eul evidence 1, the purport of the whole pleadings
2. Determination as to Defendant I and J’s legal action
A. According to the Plaintiff E’s assertion on June 22, 2016 agreement on the division of inherited property as of June 22, 2016, Defendant I and J are disputing their inheritance shares. Therefore, the above loan claims are subject to the agreement on the division of inherited property as of June 22, 2016.