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(영문) 인천지방법원부천지원 2019.11.28 2018가단11604
공탁금 출급권확인
Text

1. Of the instant lawsuit, the part regarding Defendant F’s claim for the confirmation of Defendant F’s claim for payment of deposit shall be dismissed.

2. H on August 31, 2015

Reasons

1. Facts of recognition;

A. The remaining Defendants except the Plaintiffs and Defendant G are both children of I, Defendant G is Defendant D’s spouse, and I died on December 12, 2013.

(hereinafter referred to as “the deceased”). B.

At the time of death, the Deceased had a claim to return the lease deposit of KRW 200,000,000,000,000,000,00 to H as to J Apartment-gu, Seocheon-gu (hereinafter “instant lease deposit”).

C. On December 30, 2013, Defendant D reported the renunciation of inheritance to renounce the deceased’s inheritance as the Busan District Court Branch Decision 2013 Dodan1291, and on January 21, 2014, the court accepted Defendant D’s waiver of inheritance.

On February 21, 2014, the Plaintiffs, Defendant C, Defendant E, and Defendant F entered into an agreement on the division of inherited property with each of the Plaintiffs, Defendant C, Defendant E, and Defendant F to receive KRW 50 million (or KRW 90 million ± 50 million ± 5) at the expense of Jeju, etc. (Provided, That the remaining amount after February 21, 2017, which was three years thereafter, is to be equally distributed), and the remaining KRW 60 million at the expense of the dwelling (or KRW 20 million =50 million - 60 million) at the expense of the dwelling of the Defendant C, five equal amounts, and the remaining KRW 90 million (or KRW 20 million - KRW 50 million -60 million).

(hereinafter “Consultation on Division of Inherited Property”) was made.

E. In addition, the Plaintiffs, Defendant C, Defendant E, and Defendant F agreed to pay to Defendant D the amount of KRW 3 million each at the above KRW 18 million, and to pay KRW 1/6 of the remainder to Defendant F’s Defendant F’s custody at KRW 50 million.

(B) The Plaintiff, Defendant C, and Defendant F claimed that the agreed amount to be paid to Defendant D is KRW 11,33,333,00, respectively, and that the claim was transferred to Defendant G who is the spouse, and notified the purport thereof to the Plaintiffs, Defendant C, and Defendant F.

G. Defendant G is against the third obligor H in order to preserve each claim of KRW 3 million against the Plaintiffs, Defendant C, and Defendant F.

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