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(영문) 서울남부지방법원 2020.10.15 2019나67942
대여금
Text

Paragraph 1 of the order of the first instance judgment, including the plaintiff's claim expanded by this court, is amended as follows.

Reasons

1. The reasoning for this part of the court’s judgment on a loan claim is the same as that of the judgment of the court of first instance, and thus, this part is cited by the text of Article 420 of the Civil Procedure Act.

2. Determination on a claim for reimbursement of expenses for registration by subrogation of inheritance

A. In order to preserve the instant loan claim, the Plaintiff filed a provisional attachment decision against the Defendants and filed a joint inheritance registration with the Defendants on behalf of the Defendants. The Plaintiff paid KRW 8,347,200 to the Defendants’ joint inheritance registration expenses.

Therefore, according to the shares of inheritance, Defendant B is obligated to pay the above expenditure expense in proportion to the shares of inheritance, and Defendant C and D respectively, KRW 2,384,915, and delay damages.

B. If the judgment obligee completes the registration of inheritance by exercising the subrogation right and the obligee paid the expense, the obligee and the obligor establish a kind of statutory delegation relationship, and the obligee may claim reimbursement of the expense to the obligor by applying Article 688 of the Civil Act mutatis mutandis.

(See Supreme Court Order 96Da8, Aug. 21, 1996). Network E died on March 21, 2019. The Defendants inherited G Apartment H (hereinafter “instant real estate”) from the Deceased. On April 4, 2019, the Plaintiff (Seoul Southern District Court Decision 2019Kadan200969, Seoul Southern District Court Decision 2019Kadan200969, issued a provisional attachment order on the instant real estate, and applied for the registration of ownership transfer due to the inheritance of the instant real estate by subrogation of the Defendants around that time. Accordingly, the registration of ownership transfer was completed in the name of the Defendants. The Plaintiff paid KRW 8,347,200 with the expense for registration of inheritance at the time of the said request for subrogation, or the Plaintiff can be acknowledged by comprehensively taking account of all the arguments as to the purport of evidence No. 1, 2, 12, 13, and 14.

In light of the above legal principles, the above facts of recognition are examined.

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