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(영문) 수원지방법원 2015.02.11 2014가단524137

매매대금반환

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 33,33,33, Defendant C, D, and E, respectively, and each of the above amounts.

Reasons

1. Facts of recognition;

A. On February 22, 2005, the Plaintiff filed a lawsuit against the deceased L and the network K for the claim for the return of down payment, etc. with Sungwon District Court 2005Kadan4993, Jun. 1, 2005, the Plaintiff was sentenced on June 1, 2005 that “the deceased L and the network K shall jointly and severally pay to the Plaintiff 10,000,000 won and 20% interest per annum from April 7, 2005 to the date of full payment,” and the above judgment was finalized on June 28, 2005.

(hereinafter “the final judgment of this case”). (b)

The deceased on April 15, 2005, and Defendant B, the wife, inherited 3/9 shares, and Defendant C, D, and E inherited 2/9 shares, respectively.

C. The Network K died on December 23, 2012, and Defendant F, the wife, inherited 3/11 shares, and Defendant G, H, I, and J inherited 2/11 shares, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, unless there are special circumstances, the Defendants, as the successors of the deceased L/L and the deceased K, bear the obligations based on the final judgment of this case against the Plaintiff by inheritance shares.

I would like to say.

(B) The Defendants’ assertion on November 14, 2003 (see, e.g., Supreme Court Decision 2003Da34038, Nov. 14, 2003).

A. Defendant B, C, D, and E (1) alleged that the above Defendants were subject to an adjudication of limited acceptance of inheritance regarding the deceased L’s inherited property. According to the evidence No. 2, the above Defendants were found to have received an adjudication of limited acceptance of qualified acceptance as the Suwon District Court 2005Mo117 on July 29, 2005.

(2) However, comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 12 and 13 (including the paper number), the above Defendants share 278/353 out of the 118m3m2 at the time of filing a qualified acceptance report as to the net L, as to the active property of the Dongsung-gun M & Ma, 118m2, 856m2, 000, and 193m2.