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(영문) 전주지방법원 2015.11.27 2014가합78

상속회복 등

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on October 17, 2013. The deceased’s children were H and I other than the Plaintiffs and the Defendant, but H and I died before the deceased died.

B. The plaintiffs and the defendant are between the two-dimensionals whose father is the deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The gist of the Plaintiffs’ assertion lies in cash equivalent to KRW 1.1 billion in the remainder of the payment of the obligation out of the sales price of the slaughterhouse owned by himself, KRW 450 million in the remainder of the payment of the obligation out of the sales price of the J site, and KRW 1.55 billion in the aggregate, and KRW 1.2 billion in the cost of housing remodeling. The Defendant donated KRW 1.2 billion in the cost of housing remodeling to the Defendant.

(1) Although the plaintiff asserts that the deceased lent money to the defendant, if the amount of money paid to the defendant is inherited to the inheritor, the plaintiffs filed a lawsuit against the defendant for the recovery of inheritance, and there is no other need to file a claim for recovery of inheritance. The plaintiff's assertion in itself is without merit. In full view of the plaintiffs' assertion, since the deceased donated the above money to the defendant, and the inheritance of the plaintiffs was infringed upon due to the donation, the claim is interpreted as above. Therefore, the above money is inherited 1/8 of the plaintiffs, the heir of the deceased, who is the deceased, inherited 1/8 of each of the inherited property left by the deceased, and the defendant did not return the above money after the death of the deceased, and violated the plaintiff's inheritance rights. Thus, the defendant is obligated to pay damages for delay from October 18, 2013 to the plaintiffs as a result of inheritance recovery.

Preliminaryly, since the donation of the deceased infringed the legal reserve of inheritance of the plaintiffs, the defendant violated the plaintiffs' legal reserve of inheritance amounting to KRW 75 million, respectively.