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(영문) 춘천지방법원강릉지원 2017.09.20 2017가단31506

보관금반환 등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. F was remarried and G on June 4, 2004.

At the time, F had the plaintiffs under the chain, and G had the defendants under the chain.

B. The F died on October 22, 2014, and G died on January 10, 2017.

【Ground for Recognition: Facts without dispute, entry in Gap evidence 1-1-3, purport of the whole pleadings】

2. Assertion and determination

A. The plaintiffs' assertion 1) The plaintiff's claim for the return of the deposit amount was that the plaintiff would sell the house with the money of G in return for the payment of the money held by the plaintiff. The plaintiff Gap received KRW 42 million from G, but G did not have the house but died in G. Since the plaintiff succeeded to the plaintiff's obligation to return the deposit amount of KRW 42 million to the plaintiff, the plaintiff is obligated to pay KRW 14 million each to the plaintiff. 2) The plaintiff's claim for the transfer of ownership, G, and F shared one-half share of the real estate listed in the separate sheet.

As F dies, while G and the plaintiffs jointly inherit 1/2 of F-2 of the shares, G and the plaintiffs jointly inherited the shares. Since G are complicated in disposal or management if they are registered by sharing, if they independently inherit the shares, they would then distribute them equally to the plaintiffs and the defendants.

The Plaintiffs consulted on the division of inherited property solely by G upon the recommendation of G.

Since G died in the absence of a distribution agreement, the obligation to complete the registration of ownership transfer with respect to one-fifth of each of the instant real estate to the Plaintiffs was inherited to the Defendants according to their inheritance shares.

The Defendants are obligated to complete the procedure for the transfer registration of ownership on November 13, 2014 with respect to one-fifth of one-fifth of the instant real estate to each of the Plaintiffs.

B. According to the evidence No. 2-1, No. 2, and No. 3, the following facts are as follows: (a) Plaintiff A remitted KRW 6 million to G on October 29, 2014; (b) KRW 36 million on December 24, 2014; and (c) F’s death. < Amended by Presidential Decree No. 25789, Nov. 13, 2014>