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(영문) 서울중앙지방법원 2020.08.20 2020가합1078
권리존재확인 청구의 소
Text

1. The part of the instant lawsuit dismissing the Plaintiff’s claim for confirmation of the right to receive dividends.

2. The plaintiff's remainder.

Reasons

1. Facts of recognition;

A. On April 22, 2012, the Party’s related F (hereinafter “F”) died on April 2, 2012, and the deceased’s successors are children, the Plaintiff, Defendant, E, and G.

B. E and G’s claim for division of inherited property and Plaintiff’s claim for contributory portion 1) E and G against the Plaintiff and the Defendant in the Seoul Family Court for the division of inherited property (case number: 2015 Mohap3015 (main adjudication)). The Plaintiff asserted 100% of the contributory portion in respect of the deceased’s inherited property against the Defendant, E, and G, in the same court, and filed a claim for contributory portion (case number: 2015 Mo3058 (Rejudgment)) with the same court. (2) On August 8, 2017, the Seoul Family Court dismissed the Plaintiff’s claim for division of inherited property under the premise that there was real estate listed in the attached list (hereinafter “instant real estate”) with the deceased’s inherited property as indicated in the attached list (hereinafter “instant real estate”), and dismissed the Plaintiff’s claim for contributory portion.

3) The plaintiff appealed to the above decision. On September 21, 2018, the Seoul High Court: (a) revised the part concerning the claim for division of inherited property among the decision of the first instance on the premise that the value of the instant real property was KRW 2,440,363,450; and (b) the plaintiff bears KRW 37,620,00 of the inheritance tax on the said real property; (c) the part concerning the claim for division of inherited property in the decision of the first instance on the premise that "the plaintiff owns the said real property and the defendant, E, and G bears KRW 600,685,862 of each settlement amount (=the above value = 610,090,862 (= 2,440,363,450 x 1/450 of the inheritance tax x below 9,400) - 37,620,000 of the inheritance tax on the said real property; (d) the plaintiff dismissed the remaining decision on the plaintiff's appeal [20816,2971,297,2718718(2,297).

have been finally determined.

(c)each of the defendants, E, and G.

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