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(영문) 울산지방법원 2020.10.29 2019나16468
보관금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are children of deceased C (the deceased on February 15, 2014, hereinafter “the deceased”) and the deceased’s spouse died, and six of the deceased’s children are alive.

B. On September 1, 2009, the Deceased sold land E, F, and G to D in Yangsan-si in KRW 203,50,000, and H as the deceased’s person received the above amount from D and paid only KRW 153,50,000 out of the above amount to the Deceased on September 18, 2009.

C. Around 2010, the Deceased paid KRW 116,200,000,000, which remains after paying to his/her children, including the Plaintiff, in installments, around KRW 153,500.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the deceased had the defendant keep 153,50,000 won out of the above land purchase price, and the deceased died, the above money shall be divided according to the inheritance shares. The defendant asserts that he is liable to pay to the plaintiff the amount equivalent to the plaintiff's inheritance shares out of the above custody amount (i.e., 153,50,000 won x 1/7) and damages for delay.

As to this, the defendant asserts that the defendant did not have a duty to pay the above money to the plaintiff since he received 116,200,000 won from the deceased and used the money as the living expenses of the deceased. The remaining money was donated to the defendant by the deceased, and the defendant did not have a duty to pay the above money to the plaintiff.

B. The following circumstances, which can be seen by comprehensively taking account of the overall purport of the arguments in each of the documentary evidence Nos. 3, 5, and 6 (including paper numbers), namely, the Defendant paid KRW 40 million, out of KRW 116,200,00 received from the deceased, to H as a marriage fund by the deceased’s will. The Defendant used KRW 69,901,32 as the deceased’s living expenses, hospital expenses, funeral expenses, and the amount remaining after the deceased’s death, and the Plaintiff is living.

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