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(영문) 대구고등법원 2014.09.02 2013나1151

손해배상(기)

Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

Plaintiff

A, 1.

Reasons

1. Basic facts

A. G died on October 16, 2008. At the time of the death, as co-inheritors of the network G (hereinafter “the deceased”) were the children of Defendant D, F, E, Nonparty I, J, K, L, and other women, the spouse of the deceased, and the Plaintiffs were the children of Defendant C and H, the children of which were produced between H and Q, the spouse of the deceased.

Legal shares of inheritance are 3/23 H, and the remaining inheritors are 2/23.

B. On February 2009, the plaintiffs explained that the net inherited property of the deceased is 12,201,892,124 won, and that the deceased's living donated property is 47,278,397,455 won in total, and the shares of 35,422,920,00 won in total, 47,278,397,4555 won in total, and based on this, the shares of the plaintiffs will be 688,705,442 won in total.

C. On March 2, 2009, Defendant D, F, and E entered into each inheritance share transfer contract (including No. 1-2, 3, hereinafter “instant transfer/acquisition contract”) with the Plaintiffs on the same day with the Plaintiffs, in return for the payment or transfer of part of the land, KRW 1 billion to the Plaintiff, KRW 1 billion, and KRW 1 billion to the Plaintiff, and each inheritance share transfer/acquisition from the Plaintiffs in equal shares of inheritance (including legal reserve). On the same day, Defendant C, D, F, and E (hereinafter “Defendant C et al.”), respectively, paid KRW 1 billion to the Plaintiffs, and the said funds were provided by Defendant C, F, and E (hereinafter “Defendant C et al.”).

On March 2, 2009, the Plaintiffs, Defendant C, etc., Nonparty H, I, J, K, K, and L entered into an agreement on the division of inherited property (Evidence B; hereinafter “instant agreement on the division of inherited property”) with respect to each real estate, stocks, and financial assets listed in the separate sheet No. 1, which are remaining inherited property at the time of the deceased’s death, as well as the shares and financial assets. The real estate listed in the separate sheet No. 3(7) through (10) of the separate sheet No. 1, owned by the Plaintiff alone, and the remaining inherited property is owned by Nonparty I, J, K, and L, respectively. 6/45.