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(영문) 대전지방법원 2016.04.22 2014나101444
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

(a) to the extent of each inherited property from the network D, 1.

Reasons

1. Facts of recognition;

A. On February 22, 2003, the Plaintiff filed a lawsuit against D and F with the Daejeon District Court No. 2003Gaso35746, and received a recommendation of performance from the above court that "D and F shall jointly and severally pay to the Plaintiff 13,00,000 won and 25% per annum from September 16, 1998 to October 11, 1998; 21% per annum from the next day to January 10, 1999; 19% per annum from the next day to the last day of delivery of a copy of the complaint; and 25% per annum from the next day to the day of full payment." The above decision was finalized on March 12, 2003.

B. As of December 21, 2012, the principal was fully repaid and damages for delay remains in KRW 15,912,802.

C. 1) On May 15, 2003, D deceased on May 15, 2003, H, I, J, K, L, L, N,O, P and Q, who are his spouse, reported the renunciation of inheritance on the deceased's inherited property under Daejeon District Court's 2003Raba244. On the other hand, D was born on October 16, 2003 on August 18, 2003.

On September 11, 2013, the Plaintiff corrected the Defendant of the instant lawsuit to R. R. On the deceased’s inherited property, R reported the renunciation of inheritance as the Daejeon Family Court’s 2013-Ma240 on the deceased’s property, and the said court accepted it on April 17, 2013.

The father S, a lineal ascendant of D, died on January 13, 1956, and T on February 10, 1968.

E. (1) D’s sibling was the Defendants, U, V, W, and X, and W and X died without the heir. (2) The Defendant (Appointed Party) and the designated parties, U’s spouse or child, filed a report on the inheritance approval with the Daejeon Family Court’s 2015-Ma901 regarding D’s inherited property, and the said court rendered a judgment on November 20, 2015.

3 Y, who is a spouse or child of V, Z is the Daejeon Family Court of Law No. 2015 Madan921 with respect to D's inherited property.

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