(영문) 창원지방법원밀양지원 2016.07.12 2014가단2633

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(영문) 창원지방법원밀양지원 2016.07.12 2014가단2633

상속회복

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1. The defendant shall pay 12,297,567 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

Basic Facts

On May 17, 2006, Non-party C (hereinafter “the deceased”) died on May 17, 2006, and the deceased was his spouse as the Defendant, his child, and there was the Plaintiff.

D and E died before the Deceased, and E did not have a spouse or lineal descendant at the time of death, and the network D had a spouse H and A at the time of death.

J 1 15,530,517 2K 20,620,180 3 L 20,561,270 4 M 20,430,974 5 N1,004,5326 P 10,717,5637 P 77,583 89,636,619, the deceased held the following deposit claims (hereinafter “instant deposit claims”) against the agricultural cooperative at the time of death:

After the death of the deceased, on August 21, 2006, the Defendant transferred the total sum of KRW 88,865,036 from Nos. 1 through 6 of the above Table to the new account under the name of the Defendant with the consent of other co-inheritorss, including the Plaintiff, etc., and the deposit No. 7 deposited in cash on May 18, 2006.

Meanwhile, after the death of the deceased, the Defendant paid KRW 4,000,000 to the Plaintiff as the Plaintiff’s share of inheritance for the instant deposit claim.

【Ground of recognition】 In the absence of dispute, there was the instant deposit claim corresponding to KRW 89,636,619 at the time of death, and the Plaintiff’s claim as to the result of the fact inquiry and the purport of the entire pleadings on November 18, 2004 and March 13, 2015 against agricultural cooperatives, instead of the initiative of this court, on November 18, 2004.

However, the defendant deceivings the plaintiff that the deposit claim of this case is only 10,000,000 won, and the plaintiff consented that the plaintiff can receive the full amount of the deposit claim of this case independently with other co-inheritors.

Therefore, the above consent of the plaintiff shall be revoked by mistake or deception of the defendant, and the defendant shall pay to the plaintiff an amount equivalent to the plaintiff's inheritance shares (2/11) among the deposit claims of this case.

The death of the second master shall be approximately KRW 165,00,000 to the defendant before his birth.

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