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(영문) 수원지방법원 평택지원 2018.04.11 2017가합10338
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The deceased J (hereinafter “the deceased”) married with Defendant B and placed Defendant C, etc. under the chain.

B. From around 1977, the Deceased was living together with the Plaintiff, resulting in K, L, and M, living together with them for 38 years, and died on April 21, 2015.

C. The Deceased owned a 820 square meters in Ansan-si N, and a 97.2 square meters in the lub roof of the above ground brick structure, and 78.3 square meters in the brick lub roof, and 2,036 square meters in each of the instant real estates (hereinafter “each of the instant real estates”).

K, L, and M filed a petition for a trial on the division of inherited property against the Defendants in Suwon District Court Decision 2016Dhap212, 213 (combined). On October 19, 2017, the said court rendered a judgment on the following: “Around October 19, 2017, the Defendants filed a petition for a trial on the division of inherited property, etc.” The said judgment was finalized at that time: “B shall be divided into K, L, and M with a single floor of the above ground brick 820 square meters, 97.2 square meters, and 78.3 square meters of the above ground brick slock slock slocks, which are jointly owned by K, L, and M, and the 2,036 square meters prior to Ansan City shall be divided to the Defendant B, but shall be determined by dividing the difference between the specific inheritance portion and the said judgment

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 12, Eul evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) from January 19, 195 to June 23, 2008, the Deceased used the real estate of this case as collateral five times from around January 19, 1995 to around June 23, 2008. Of these, L was repaid on behalf of the Deceased on April 2013, and the remainder of KRW 93,000,000 was repaid on behalf of the Deceased. Accordingly, the Defendants paid KRW 82,15,240, which is within the scope of the principal and interest repaid by the Plaintiff on behalf of the Deceased, to the Plaintiff according to the Defendants’ inheritance shares. (2) The Defendants’ loans obtained to construct farming houses and warehouses on P, O land, and the Plaintiff is the Plaintiff.

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