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(영문) 대전지방법원 2020.07.29 2018가단229585

구상금 등

Text

1. As to the Plaintiff (Appointed Party),

A. As to Defendant B, C, D, and E, respectively KRW 8,227,168, and KRW 16,100,354, among them,

Reasons

1. Facts of recognition;

A. The network H and the network I, as married couple, had the Plaintiff, Appointee, J, K and the network L with their children under the chain. The network H on March 20, 2017, and the network I on the same year.

1. Each death of 21.

B. The network L died on June 28, 2016. The Defendants are children of the network L. The Defendants are the Defendants, and the Defendants’ inheritance by representation due to the death of the network H and the network I are 1/25 each, and the Defendants’ inheritance by representation due to the death of the network L is 1/5 each.

[Ground of recognition] Unsatisfy, Gap evidence No. 52, the purport of the whole pleadings

2. Determination on Defendant F’s main defense

A. Defendant F raises a defense to the effect that each of the claims of the Plaintiff and the designated parties in this case was unlawful on the ground that the agreement on the division of inherited property was not reached among co-inheritors, and was merely made according to their statutory shares in inheritance.

On the other hand, the claim in this case is a claim of this case filed by the plaintiff and the selected heir, who paid the inherited debt borne by the deceased H and the deceased I as one of the co-inheritors, jointly discharged, or paid expenses for the management of inherited property, and then exercises the right of reimbursement against the deceased as to the part corresponding to the inherited portion. The claim in this case is a claim for the performance of the obligation to return unjust enrichment, which is the inherited debt, which is the inherited debt, inherited to the plaintiff, and inherited to the plaintiff by the deceased, while the deceased L bears the burden against the plaintiff. The claim in this case is a claim for the performance of the obligation to return unjust enrichment, which is the inherited debt, which is the inherited debt, which is the inherited property, inherited property, which is inherited in proportion to the inherited portion, can not be divided into inherited property due to the nature of the division and reversion to the co-inheritors at the time of the inheritance, and the expenses for managing inherited property borne by the plaintiff cannot be considered as the subject of an agreement on division of inherited property. The deceased L's obligation also bears its nature.