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(영문) 서울동부지방법원 2018.09.18 2017나28599
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. C and D (hereinafter “the deceased”) were married couple, and D died on September 21, 201, and C on July 23, 201, respectively.

B. E, F, G, Defendant, H, I, and J are the deceased’s children, and E and F died before the deceased died.

K, L, M, N, andO inherited E as children of E, and the plaintiff inherited F as children of F. F.

C. The portion inherited by the Plaintiff, the Defendant, H, I, J, and G is 1/7 each, and the portion inherited by K, L, M, N, andO is 1/35 each.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s inherited property has a deposit claim of KRW 209,321,453, and the Plaintiff’s statutory inheritance portion is 1/7. As such, 29,903,064, which corresponds to 1/7 of the above deposit claim (=209,321,453 x 1/7) belongs to the Plaintiff. The Defendant received KRW 143,813,366, which exceeds 29,903,064, which is one’s statutory inheritance among the above deposit claims, and thus, the remainder of KRW 113,910,302, excluding the Defendant’s inherited property 29,903,064, should be distributed to the inheritor except for the Defendant.

Therefore, the Defendant is liable to pay to the Plaintiff KRW 18,985,050 (=113,910,302 x 1/6) equivalent to 1/6 of KRW 113,910,302 x 1/6) and damages for delay.

3. Determination

A. 1) In full view of the purport of Gap evidence No. 5’s statement, the heir, including the plaintiff and the defendant, made an agreement on the division of inherited property with respect to the deceased’s inherited property since July 23, 201 when C died; and the J, upon consultation on the division of inherited property, shall each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

(1) In lieu of the sole inheritance, each of the following forms of settlement for the remaining inheritors (hereinafter referred to as “each of the following forms of settlement”):

The facts that the deceased and the deceased's successors, including the plaintiff and the defendant, agree to the content of the above report, and the J transferred ownership in the name of the deceased C on February 7, 2012.

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