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(영문) 인천지방법원 2018.01.11 2016가단224359
구상금
Text

1. The plaintiff A:

A. Defendant C’s KRW 13,64,666 as well as 5% per annum from March 24, 2010 to June 13, 2016.

Reasons

1. Basic facts

A. On August 4, 1973, the decedent E (hereinafter “the decedent”) reported marriage with F on August 4, 1973, and the Plaintiffs are children among the two persons.

B. The decedent and F reported the divorce on April 24, 1989.

C. On October 18, 1989, the inheritee reported marriage with Defendant C on October 18, 1989, and two children are Defendant D.

The decedent died on May 16, 2015.

E. At the time of the decedent’s death, there were the property indicated in the attached Table (hereinafter “instant real estate”) and 135 square meters prior to G, Yeonsu-gu, Incheon, and 147 square meters prior to G, Seo-gu, Incheon, Seo-gu, Incheon, Seo-gu, 926 square meters of forest land, J. 660 square meters of land, 660 square meters of land, 11371 square meters of land, 642 square meters of land, 652 square meters of land, 550 square meters of forest, Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and 754 square meters of forest land (hereinafter “instant inherited property”).

(A) At the time of the death of an inheritee, the inheritee owned monetary claims, deposit claims, and monetary obligations; however, the above claims and obligations do not fall under the object of division of inherited property, and they do not have any particular influence on the judgment of this case; thus, only the above property is the inherited property of this case). The Plaintiffs filed a petition for adjudication on division of inherited property against the Defendants. The Defendants filed a petition for adjudication on the division of inherited property against the Plaintiffs in the foregoing case [In Incheon Family Court 2015 Ma1019 (main adjudication), 2015 Ma42 (Rejudgment)]; the Incheon Family Court set the Defendant C’s contribution to the inherited property of the inheritee as 30% on June 5, 2017; it divided the inherited property of this case to be owned by Defendant C; Defendant C paid the Plaintiffs and Defendant D KRW 874,317,633, respectively; and the Plaintiffs filed a complaint against the said adjudication.

(Seoul High Court 2017BB272), G. After the death of the inheritee, Defendant C.

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