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(영문) 수원지방법원 성남지원 2018.06.19 2017가합404074
상속재산 확인
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A is the spouse of F, who died on February 7, 2015 (hereinafter “the deceased”), and Plaintiff C is the deceased’s son born between the deceased and the Plaintiff.

B. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that had been operated before the deceased died. Defendant E is a female of the deceased born between the deceased and G, and is an internal director of the Defendant Co., Ltd.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 5, 6, Eul evidence 4, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. A. Around July 2014, the gist of the Plaintiffs’ assertion: (a) around July 2014, the Deceased paid Defendant E a total of KRW 500,000,000 to the Defendant Company; (b) on September 30, 2014, the Defendant Company leased real estate to the lessor, and paid KRW 500,000,000, borrowed from the Deceased as above, as security deposit.

Since the defendant company received the deposit from the lessor upon termination of the current lease contract, the defendant company is the actual actor of the above lease contract and the above lease contract with the defendant company and the actual party Eul is jointly liable to refund the amount equivalent to the plaintiffs' respective inheritance shares out of the above 500,000,000 won to the deceased's heir.

(However, the total amount of the loans to the Defendant Company of the Deceased is KRW 1,050,00,000, or the total amount of the loans is KRW 500,000,000, or the total amount of the shares of inheritance for the Defendant Company of the Deceased is first claimed).

Judgment

1) The following facts are acknowledged, comprehensively taking account of the overall purport of the arguments in each statement in Gap evidence Nos. 4, 7, and 9 and Eul evidence Nos. 12 (including branch numbers). (A) The Deceased transferred KRW 50,000,000 to Defendant E’s account on July 16, 2014.

B) On July 24, 2014, the Deceased offered apartment houses residing with the Plaintiffs as security, and loaned KRW 450,000,000 from the bank, and deposited KRW 449,925,000 on the same day in cash on July 24, 2014 (C) the account of the Defendant Company was KRW 496,682,530 in total = 146,757,530 in cash.

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