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(영문) 대구지방법원 2014.12.11 2014나14489
유류분 분할청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The underlying factual network C (hereinafter “the deceased”) died on April 22, 2013. As the deceased’s heir, there are children of the Defendant, the Plaintiff, D, and the deceased’s children who died earlier than the deceased.

[Ground of recognition] Facts without dispute, Eul-B or evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion is in custody of KRW 93,00,000 of the deceased's money. Since the plaintiff inherited the part of the claim for return of the deceased's money deposited in custody against the defendant, the defendant is obligated to pay KRW 31,00,000 and delay damages to the plaintiff.

B. The Defendant also recognized the fact that the Defendant received KRW 40 million from the Deceased on October 5, 2010, and KRW 15,732,122 on November 1, 2010.

However, it is not sufficient to recognize that the result of fact-finding conducted by the court of first instance on the institution specializing in protecting older persons in the old-do, the deceased paid money in excess of the above amount to the defendant, and that the money received by the defendant constitutes a custody deposit premised on the return. The plaintiff's assertion is without merit, inasmuch as there is no evidence to

3. As such, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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