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(영문) 서울서부지방법원 2018.10.05 2018가합37000
상속회복
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

The Plaintiff, the Defendant, C, and D are children between father E (Death January 29, 2007) and mother F (Death on March 22, 2016).

From May 13, 2011, the Defendant, the Republic of Korea, as the mother of F, used or concealed all the remainder of KRW 1,589,983,064,064, excluding the remainder of KRW 584,207,260,00 used as public charges such as taxes and health insurance premiums, among the rent income (Seoul Songpa-gu G, Seoul Jung-gu, H, and I) from the commercial building (Seoul, Jung-gu) jointly inherited by the father, F, the Plaintiff, the Defendant, C, and D due to the death of father E, and the sum of F’s rent income (1,793,48,320) and F’s deposit claims (380,702,004).

Therefore, the defendant is liable to pay 397,495,766 won equivalent to 1/4 of the inheritance portion to the plaintiff, who is another co-inheritors of F, who is the co-inheritors of F.

Judgment

If the purport of the entire pleadings is added to the statements in Gap evidence Nos. 11 through 15 (including the paper number), it is recognized that the F obtained rent income equivalent to the sum of KRW 1,793,48,320 from each of the above commercial buildings owned jointly with the plaintiff, defendant, C, and D, who are their children, and that the F was holding a deposit equivalent to the sum of KRW 380,702,000 as of May 20, 201, and that the defendant was mother from May 13, 2011 to the aggregate of KRW 1,793,48,320. There is no dispute.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant used or concealed all the remainder of the property owned by the Defendant, excluding the money used as public charges, such as taxes and health insurance premiums, from the property owned by the F, and there is no other evidence to acknowledge it. Therefore,

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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