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(영문) 광주고등법원(전주) 2017.06.08 2015나1531
상속회복 등
Text

1. All of the plaintiffs' claims that were changed in exchange in this court are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on October 17, 2013. The deceased’s children were H and I other than the Plaintiffs and the Defendant, but H and I died before the deceased’s death.

B. The plaintiffs and the defendant are the persons who are the father of the deceased. They are the persons who are the father of the deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiffs asserted that the deceased received KRW 776,325,180 as compensation for J’s site, and KRW 1.65 billion as the slaughterhouse sales price, and that was used in paying other debts, there remains a considerable amount of money remaining. However, as indicated in the summary of the Plaintiff’s assertion, the deceased lent a total of KRW 1,070,000 to the Defendant, as indicated in the “a summary of the Plaintiff’s assertion” on the details of the loan.

Since the Plaintiffs inherited the Defendant’s loan claim against the Defendant, the Defendant is obligated to pay to the Plaintiffs each of the KRW 178,333,333 (= KRW 1 billion x 1/6 of the Plaintiffs’ inheritance shares x less than KRW 1/6 of the Plaintiffs’ inheritance shares) as part of the amount of KRW 150,000 and delay damages.

B. The Defendant’s assertion that the Defendant satisfied all of the following loan specifications as indicated in the Defendant’s summary of the Defendant’s assertion

shall not be denied any lease.

[Attachment Table] The gist of the Plaintiffs’ assertion is as follows: (a) the Defendant’s confession loan of KRW 20 million on April 28, 2010, based on the main basis of the Defendant’s claim for the temporary lease of KRW 150 million on the summary of the Defendant’s assertion; (b) however, the Defendant’s statement lending that he/she received KRW 250 million from the Deceased around August 2010 to November 201 (the Defendant received donations from the deceased) was denied (the Defendant received donations from the deceased) from the deceased on April 15, 2011 to April 15, 2013.

4. The denial of the fact that the deceased deposited KRW 500,000 from KRW 50,00 to KRW 2.5 million (the details of deposits made by the plaintiffs are the details of repayment of the loan obligations of KRW 20,000,000 on April 28, 201) by September 22, 201, the check issued on September 201 by the deceased on September 20, 201 is September 22, 201.

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