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(영문) 의정부지방법원 2016.02.17 2015나55060

상속재산반환

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiffs, the Defendants, D, and E are the children of F, who died on September 19, 2013 (hereinafter “the deceased”) and co-inheritors of the deceased.

B. On June 24, 2013, before the death of the deceased, the Plaintiffs, the Defendant, D, and E agreed to equally distribute KRW 425,00,000 per each of KRW 85,00,000 on June 24, 2013.

(hereinafter “instant agreement”). [Ground of recognition] The fact that there is no dispute, entry of evidence No. 2, the purport of the entire pleadings, and the purport of the entire pleadings.

2. Determination on the cause of the claim

A. The plaintiffs acquire and keep the deceased's property not disclosed when the agreement of this case was reached as follows. Thus, each co-inheritors are obligated to distribute the property equally to the plaintiffs according to the agreement of this case that each co-inheritors decided to distribute the inherited property including the property borrowed from the deceased or trusted in trust. Even if the agreement on the distribution of the property under the agreement of this case was not included, the defendant is obligated to return the inherited property acquired and kept solely according to the plaintiff's claim for recovery

① On June 10, 2013, the deceased’s title trust with the Defendant and D (hereinafter “instant apartment”) was disposed of on June 10, 2013, and KRW 60,000,00, which the Defendant alone keeps, out of the purchase price received, ② On March 6, 2009, the deceased acquired on March 6, 2009 under the name of K, which was disposed of on June 20, 2013, and then disposed of on June 20, the deceased’s share of KRW 57,70,00,00,000, and KRW 300,000 borrowed from the deceased, KRW 73,00,00,000, KRW 700, KRW 700, KRW 700, KRW 7000, KRW 700, KRW 300, KRW 1301, KRW 400, KRW 205, KRW 2005, KRW 3000.

B. First of all, the above properties.