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(영문) 대구지방법원상주지원 2020.05.19 2018가단8452
콤바인 인도 청구의 소
Text

1.(a)

Defendant C, D, E, I, and J are within the scope of property inherited from the network K to the Plaintiff, each of which is 7/42 shares.

Reasons

1. Facts of recognition;

A. On October 12, 2016, the Plaintiff sold to K the compactane listed in the attached list (hereinafter “instant compactane”) at KRW 73,410,00 and the due date for payment on November 30, 2017.

As of January 5, 2018, the amount of unpaid payment is KRW 37,190,100.

B. The Plaintiff rescinded the above sales contract with K’s payment.

The user fees of the compacter in this case shall be estimated to be KRW 2,500,00 per month.

C. K died on August 31, 2018, and his/her spouse L and Ma.

K’s parents died first, and their siblings N, Defendant C, D, E, I, and J.

N on November 19, 2018 and his spouse F, H and G exist. D.

L and M renounced renounced inheritance.

(Seoul District Court Decision 2018JS 173). Defendant C, D, E, I, and J approved inheritance.

(Seoul District Court resident support 2019JS 88). Defendant F and H renounced inheritance.

(Identification Evidence) Defendant G: Service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act), the remaining Defendants: A1 through 4, B 1 through 5, and the purport of the entire pleadings.

2. Defendant C, D, E, I, J, and G are obligated to deliver the Plaintiff the compactane and pay unjust enrichment to the Plaintiff as ordered.

The plaintiff's claim against the above defendants shall be accepted within the extent of the above recognition, and the remainder of the claim and the claim against defendant F and H are dismissed as they are without merit.

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