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1. The plaintiff's action against the defendant is dismissed.
2. The plaintiff's remainder except the defendant Republic of Korea.
Reasons
1. Facts of recognition;
A. E and F were married, and under which they were children, G and H were children.
The F died on October 30, 2017, G and H have renounced inheritance, and E had qualified acceptance.
B. The Plaintiff filed a lawsuit against E with the Plaintiff seeking payment of the agreed amount (Seoul District Court Decision 2017Da14430, Aug. 8, 2018). The appellate court dismissed the Plaintiff’s primary claim, and rendered a judgment that “E shall pay to the Plaintiff the amount calculated at the rate of 736,131,160 won and 15% per annum from April 28, 2017 to the date of full payment of the agreed amount,” citing the Plaintiff’s conjunctive claim against E, seeking the performance of the inheritance obligation against E.
(Seoul High Court Decision 2018Na2048589, hereinafter referred to as "the judgment of this case"). (c)
On June 26, 2019, E deposited KRW 61,438,200 (hereinafter “instant deposit”) with the Plaintiff, Defendant B (hereinafter “B”), Defendant C Co., Ltd. (hereinafter “C”), Defendant National Health Insurance Corporation, National Tax Service, and Defendant D as the principal deposit, and deposited KRW 61,438,200 (hereinafter “instant deposit”) with the Seoul Central District Court No. 16523 in 2019. At the time, E deposited the instant deposit as follows.
1. The depositor has reported on March 27, 2018 approval of the inheritance limit and accepted the inherited property described below the net F.
(affirmative Property KRW 61,438,200, and active property of KRW 61,438,200 are appropriated for the monthly rent and are already extinguished). 2. The passive property (debt) inherited by the depositor from the net F shall be as follows:
Persons to be deposited (creditors) B,80,000 won (acquisitions)
(b) Deposited persons (creditors) C 21,060,883 won (as of August 11, 2017);
(c) Deposited persons: 781,000 won in national health insurance;
(d) Deposited person: 1,400,000 won (global income tax and capital gains tax) at the National Tax Service;
(e) the Seoul High Court 2018Na2048589 Suwon District Court.