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(영문) 수원지방법원 2015.01.23 2014가합61589
대여금
Text

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

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the wife of D and the mother of Defendant B.

Defendant B is a child of Defendant D, and Defendant C is a wife of Defendant B.

D The Plaintiff died on February 21, 2011, and jointly succeeded to the property of the Plaintiff and Defendant B’s network D (hereinafter “the deceased”).

B. On March 11, 2011, the Plaintiff agreed on the division of inherited property with Defendant B with the following content.

As a result of the death on February 21, 201, the co-inheritors agree to divide the deceased's property by dividing it into the following:

1. The deceased’s remaining properties are as shown in the annexed list;

2. The inherited property in the separate sheet will be reverted to the following division:

Attached Form

Real estate in the list 1 and deposits in paragraphs 5, 6, 10 and 12 shall be owned by the plaintiff.

(b)each real estate in Schedule 2 and each deposit in Schedule 3, 4, 7, 8, 9, 11, 13 to 17 shall be owned by Defendant B;

3. Both parties shall cooperate with the other party, such as providing the other party with documents necessary to make registration and withdrawal from deposits, with respect to the property that belongs to the other party, as described in the preceding two paragraphs;

4. If an inherited property omitted in the attached list exists, the deposit amount as of the date of withdrawal shall revert to the Plaintiff, and the real estate, etc. shall belong to the Defendant B

5. Both parties in the future shall not raise any civil or criminal objection in connection with the inheritance, etc., in addition to the present agreement.

C. At the time of the deceased’s death (hereinafter “instant account”), the deposit balance was KRW 53,207,712 in the Nonghyup account under the name of the deceased. The Defendant C, who was in custody of the deceased on February 21, 201, was partly withdrawn KRW 53,207,00 in cash from the instant account using his deposit passbook and seal, etc. and transferred the remainder to another account.

On the other hand, the list attached to the agreement on the division of the above inherited property made between the plaintiff and the defendant B on March 11, 201 is not stated.

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