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(영문) 부산고등법원(창원) 2017.07.20 2016나953

상속재산회복

Text

1. Of the judgment of the court of first instance, the part against the plaintiff regarding the primary claim amounting to order payment below.

Reasons

1. Basic facts

A. D (C) between the spouse E (Death November 26, 2004) and F, Defendant, G, and Plaintiff were children, and died due to the suspension of cardiopulmonary function due to chronic pulmonary pulmonary diseases, etc. on July 7, 2015.

(F), the defendant, G, and the plaintiff's share of inheritance are 1/4).

D From December 201 to August 2012, 201, D had been hospitalized in P Hospital for eight days with divesic chopic chromatic brain; from January 19, 2013 to February 12, 2013; from February 14, 2013 to March 20, 2013, during the period from February 14, 2013 to March 20, 201, the symptoms were hospitalized in P Hospital due to evesive chopic typhism, dive evesopic chopic typhrosis; from March 20, 2013 to October 23, 2014; and was hospitalized in P Hospital from February 14, 2013 to July 25, 2014, respectively.

C. From January 2013 to September 6, 2013, the Defendant withdrawn and used money from the deposit account in D name. On January 25, 2013, the Defendant withdrawn KRW 23,00,000 from the deposit account in one bank account, KRW 11,414,230 from May 15, 2013, and KRW 47,38,626 from the deposit account in one bank account in total from January 25, 2013 to September 6, 2013, respectively.

In addition, the Defendant, on June 26, 2014, sold to I housing of H large 249.8 square meters and a single-story housing on its ground, which was owned by D on behalf of D (hereinafter “instant real estate”), and received KRW 360,00,000,000. The Defendant completed the registration of ownership transfer on the instant real estate on August 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 10 through 13, Eul evidence No. 22 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff, the Defendant, from January 2013 to June 2015, withdrawn KRW 122,504,358 in total from the accounts of the Nonghyup Bank, post offices, one bank, and community credit cooperatives in the name of D.