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1. Within the scope of the property inherited from the deceased K to the Plaintiff
(a) Defendant C, D, and E are subject to KRW 25,00,000, respectively.
Reasons
1. Facts of recognition;
A. On December 20, 2006, the Plaintiff filed a lawsuit against K for a loan claim with the Seoul Central District Court Decision 2006Kadan292604, and was sentenced to the judgment of the Plaintiff on December 20, 2006, stating that “K shall pay to the Plaintiff KRW 100,000,000 and the amount equivalent to 20% per annum from November 1, 2006 to the day of full payment.”
B. K died on December 28, 2007, and both the spouse and lineal descendants of the deceased, who are the first heir, renounced their inheritance. The lineal ascendants of the deceased, who are the second heir, inherited the property of K in the 1/4 shares of each of the Defendants C, D, E, and L, who are the brothers and sisters of the deceased, in the third order following their death.
Since then, the death of L on December 4, 2009, the Defendant F, the spouse of the deceased L, succeeded to each K's 3/44 shares (the deceased L 1/4 shares x 3/11), and Defendant G, H, I, and J, each of which is 2/4 shares (the deceased L 1/4 shares x 2/11).
C. Meanwhile, the remaining Defendants except Defendant D received the adjudication accepting each qualified acceptance report on inheritance due to the death of K.
[Ground of recognition] With respect to Defendant C and D: The facts that there is no dispute against Defendant E, F, G, H, I, and J: Gap evidence Nos. 1 through 5 (including paper numbers), Eul evidence No. 1, the Court Administration, Seoul Dongdaemun-gu Office, and Seoul Family Court; the result of each inquiry of facts against Defendant C and D; the purport of the whole pleadings;
2. According to the facts of the above recognition, Defendant C, D, and E are obligated to pay the Plaintiff 25,00,000 won (i.e., 100,000 won x 1/400 x 6,818,181 won (i.e., 100,000 won x 3/44,000 won x less than 3/444, hereinafter the same), Defendant G, H, I, and J 45,45, and 454 won (i.e., 100,000 won x 2/444) and 2/40 per annum from November 1, 2006 to each of the above amounts of inheritance shares.