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(영문) 대전지방법원 2018.01.18 2017가단201689
청구이의
Text

1. Daejeon District Court Decision 2009Gaso71788 and Daejeon District Court against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) filed a lawsuit against the Plaintiff’s father E (the deceased on June 15, 2012; hereinafter “the deceased”) with the Daejeon District Court Decision 2009 Ghana71788, and filed a claim for reimbursement against the said court on May 12, 2009, “the deceased shall pay to the Defendant 29,004,370 won and 19,462,269 won per annum from October 17, 1999 to the date of full payment” (hereinafter “instant Order 1”) and the said decision became final and conclusive on May 29, 2009.

B. In addition, the Defendant filed a lawsuit against the Deceased for the claim for reimbursement with the Daejeon District Court 2009 Ghana19402, and on January 7, 2010, the Defendant received a decision of performance recommendation (hereinafter “the second decision of this case”) from the said court that “the deceased shall pay the Defendant 5,288,04 won and 2,640,089 won among them, 19% per annum from August 23, 1999 to April 11, 2000, and 25% per annum from the next day to the date of full payment” (hereinafter “the second decision of this case”) and the above decision became final and conclusive on January 27, 2010.

C. On August 8, 2012, the Plaintiff and D, who are wife C and children, as co-inheritors of the deceased, filed a report on the renunciation of inheritance under the Youngju District Court’s Young-dong Branch 2012Ra84, and received the repair trial on September 7, 2012 from the said court.

On August 10, 2015, the Plaintiff completed the registration of ownership transfer due to inheritance on October 17, 1994 as to each of the real estate listed in the separate sheet owned by the Plaintiff F (Death, October 17, 1994) (hereinafter “each of the instant real estate”) on August 10, 2015, pursuant to the agreement division (hereinafter “instant division agreement”). The Defendant received the execution clause succeeded to the instant order under Articles 1 and 2 and received a decision of compulsory auction from the said court on October 19, 2016.

E. At the time of the deceased F’s death, the deceased, H, and I, a child, at the time of the deceased’s death.

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