logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.10 2017가합50344
보관금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Relevant Plaintiffs A, B, Plaintiff C, E, Defendant, and F are children of the network G (hereinafter “the network”).

B. On April 14, 2015, the Defendant: (a) on behalf of the Deceased, purchased and sold real estate owned by the Deceased and received proceeds therefrom; and (b) on behalf of the Deceased, each real estate listed in the separate sheet owned by the Deceased (hereinafter “each real

I Co., Ltd. (hereinafter “I”).

(2) On April 14, 2015, an intermediate payment of KRW 500 million on May 7, 2015, and the remainder of KRW 963,90,000 on June 28, 2016, were transferred respectively to the J bank account in the name of the deceased (hereinafter “the deceased account”).

C. On July 24, 2017, the Deceased’s death and inheritance division claim 1) died on July 24, 2017. At the time of death, the deceased filed a lawsuit for the division of inherited property with the Seoul Family Court Decision 20,010 won in the corporate bank account in the name of the Deceased, and with the K Bank account in total of KRW 390,979,066 won in the K Bank account, and KRW 124,931,08 in the L Bank account in the L Bank account, and KRW 515,930,165 in the L Bank account. 2) H, the Defendant, and F filed a lawsuit for the division of inherited property against the Plaintiff A, B, Plaintiff C, and E, with the Seoul Family Court Decision 2017Ra1355.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 20 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. From the sales price of KRW 1,663,90,00 received by the deceased who claimed the above real estate, KRW 1,147,969,835 (= KRW 1,663,90,000 - KRW 515,930,930,000 - KRW 515,930,165), the remaining sales price of KRW 1,663,930,00, which was pending in the lawsuit for the division of inherited property, was used or concealed by the deceased without the consent of the deceased in a situation where it is difficult for the deceased to make a normal decision due to blood-related dementia and cerebrication, etc., the deceased arbitrarily used or concealed the damage claim against the defendant for the above tort, and the plaintiffs inherited the above damage claim against the deceased in accordance with his share of inheritance.

arrow