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(영문) 서울서부지방법원 2014.12.04 2013가합36248
손해배상(기)
Text

1. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The network D (hereinafter “the deceased”) established Plaintiffs, Defendant B, F, and G as their children between the network E and the deceased, and the deceased died on December 15, 2012.

The deceased’s heir is the above children.

B. On July 23, 2012, the Defendant completed the registration of transfer of ownership on July 20, 2012 with respect to I apartment 206 Dong 406 (hereinafter “instant real estate”) located in H in Chuncheon-si, which was owned by the Deceased on July 23, 2012.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 4, and the ground for appeal

2. As to the main claim

A. The Plaintiff’s assertion 1) was paid a total of KRW 1,685,474,010 as land compensation from June 21, 2010 to November 7, 201. The Defendant embezzled the Plaintiff’s embezzlement by withdrawing KRW 897,510,090 from the deceased’s deposit account without the deceased’s consent and depositing it into his/her own deposit account. Therefore, the Defendant’s embezzlement was a tort against the deceased, and the Plaintiffs succeeded to the rights to claim damages against the Defendant by 1/6 shares. Accordingly, the Defendant is liable to pay approximately KRW 150,00,000 ( KRW 900,000 x 1/6) to the Plaintiffs, or there was no dispute between the parties to the case and KRW 1,685,00,00 from November 7, 201, and the amount of the deceased’s deposit account was collected from KRW 1681,204,2751,2616.

However, the following circumstances, which are acknowledged by the purport of the entire pleadings in the statements Nos. 3-1, 2, 8 and 9 of evidence Nos. 3-1, 2, 8 and 9, namely, the deceased’s payment of capital gains tax of KRW 201,763,750, and local income tax of KRW 20,176,370, and the real estate of this case was purchased in KRW 120,000, and the total amount of KRW 730,000 for their children.

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