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(영문) 서울중앙지방법원 2020.09.17 2018가합536984
상속회복 청구 등
Text

All of the plaintiffs' primary and conjunctive claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on December 6, 2015.

At the time of the deceased’s death, the deceased’s heir had their children, E, Defendant, and F.

B. The Deceased purchased a bill at a discount during several hundreds of calendars, but received a bill at maturity or received a certificate of deposit at maturity, and managed the property at maturity. The Defendant, from around 2012 to 2013, is in dispute between the original and the Defendant, but the Defendant appears to have been involved in the management of the deceased’s property from the latest date.

G participated in the management of the deceased’s property in the form of managing or supervising the management of the deceased’s property as above.

C. On February 8, 2018, after the death of the deceased, the Defendant sent to the Plaintiffs, E, and F, the Plaintiffs, E, and F, a document suggesting that the total assets of the checks claimed as the deceased’s property remain in KRW 1,288,797,783, and that the above KRW 1,288,797,783 should be divided and settled as the inheritance portion without any condition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), Gap evidence No. 14, the purport of the whole pleadings

2. The plaintiffs' assertion: ① holding a total sum of KRW 2,498,700,000, including certificates of deposit, which is the deceased's property, as a check; ② purchasing a corporate electronic bill with the deceased's property; ② holding KRW 1,308,489,89 (= KRW 1,048,489,89, KRW 260,000,000) in total, which is the deceased's property in the account or borrowed account under the name of the defendant; ③ holding the amount equivalent to KRW 93,074,375 in total, which is the deceased's property in the account or borrowed account.

As such, the defendant, as the inherited property of co-inheritors, including the plaintiffs, KRW 1 to KRW 4,740,264,274.

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