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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On May 31, 2002, the Plaintiff filed a claim for reimbursement against D by the Incheon District Court 2001Da24647, and was sentenced in favor of the Plaintiff by the above court.
B. D’s death on April 17, 201. On January 6, 2012, the Plaintiff filed a lawsuit against the Plaintiff, his/her father, who was his/her father, to interrupt the extinctive prescription of the foregoing claim for indemnity amount under the Incheon District Court 2012Gadan1619, which reported the inheritance recognition as the Seoul Family Court 2012-Ga2625, and C filed the said report on June 29, 2012.
On July 20, 2012 between the Plaintiff and C, “C shall pay to the Plaintiff 124,517,305 won and 34,012,049 won among them within the scope of property inherited from the network D, to the day of full payment, and 22,935,382 won and 5,436,875 won among them, which are calculated at the rate of 19% per annum from May 13, 2010 to the day of full payment.”
C. C is inherited from the network D each real estate listed in paragraphs 2 and 3 of the separate sheet (affirmative property), but in excess of the value (negative) is inherited, and C is insolvent within the scope of the property inherited from the network D.
On the other hand, the network D completed the registration of transfer of ownership for the apartment of this case to Defendant A, one's wife, on May 25, 1998 (Seoul Southern District Court Decision 20346, Jun. 25, 1998). Defendant A completed the registration of transfer of ownership for the apartment of this case on March 3, 2003 to Defendant B, who was one's wife and the network D's wife, for the apartment of this case.
(No. 14153. [Reasons for Recognition] of April 3, 2003 by the same registry office, the fact that there is no dispute, Gap's entries in subparagraphs 1 through 5, 7 through 8, Eul's No. 3 and 7 (including the serial number; hereinafter the same shall apply), and the purport of the whole pleadings.
2. Determination as to the cause of claim
A. The plaintiff's assertion that the apartment of this case was made in sequence by the defendants.