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(영문) 부산지방법원 2018.08.16 2017가합44110
구상금
Text

1. The Defendant’s KRW 104,425,00 and KRW 9,425,00 among the Plaintiff, respectively, shall be KRW 9,425,00 from March 10, 2017 to KRW 95,00,00.

Reasons

1. Basic facts

A. The relationship between the parties and the Defendant inherited the deceased’s property one-half share on April 10, 2013, following the death of a maternal net C (hereinafter “the deceased”).

B. 1) On February 23, 2011, the Deceased (hereinafter “instant real estate”) held on February 23, 201, Busan Shipping Daegu Apartment E (hereinafter “instant real estate”).

As to F.I.D., the right to collateral security of KRW 228,000,000 (hereinafter “instant right to collateral security”) shall be deemed to be the maximum debt amount.

(2) On March 15, 2013, the Deceased transferred KRW 360,000 to the Plaintiff’s account. On the same day, the Plaintiff designated KRW 190,000,000 out of the said money as the purpose of performing the secured debt of the instant mortgage and transferred it to the account under the name of G managed by the Head of G Affairs Office H.

3) On December 30, 2013, the FF Union filed an application for voluntary auction based on the instant mortgage on December 30, 2013, and the said apartment was sold to I through the said voluntary auction procedure. On December 29, 2014, H paid all the above KRW 190,00,000 to the Defendant, including remitting KRW 169,850,000 from the account in the name of G to the Defendant’s account, upon the Defendant’s request.

C. On January 10, 201, the Deceased transferred KRW 50,000,00 to H’s account, and KRW 50,000,00 to H’s account under the name of a certified judicial scrivener managed by H on October 15, 2012. (ii) H transferred KRW 120,00,000 to the Defendant from the said G’s account under his/her management on September 12, 2014.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 3 through 5, 8, 9, 12 (including each number, if any) and images, witness H's partial testimony, the result of the order of submission of financial transaction information to J bank by this court, the whole purport of the arguments

2. The parties' assertion

A. Plaintiff 1’s Plaintiff on November 18, 2015, as a tax accountant’s fee for filing inheritance tax return on joint inheritance.

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