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(영문) 서울동부지방법원 2017.08.11 2015가단131940
대여금
Text

1. The Plaintiff, within the scope of the property inherited from the network G, Defendant D, F, and E, Defendant B shall be KRW 2,00,000, respectively.

Reasons

1. Basic facts

A. On March 19, 2013, the Plaintiff lent KRW 30 million to G, and G died on October 27, 2013. Defendant B, who is the first-class co-inheritors, and Defendant C, who is the first-class co-inheritors, filed a report on the renunciation of inheritance to G, with the Seoul Family Court Decision 2013 Dodan1010, Nov. 12, 2013, and on January 16, 2014, the above court’s acceptance judgment was rendered.

B. On February 10, 2015, the father H, who is the second-class co-inheritors of the deceased G, died on February 10, 2015. Defendant D, who was the mother, reported the qualified acceptance on the inheritance of the deceased G as Seoul Family Court 2016Ra3376 on April 19, 2016, and reported the qualified acceptance on the inheritance of the deceased G. On August 31, 2016, the above court was the acceptance trial.

C. On April 21, 2016, Defendant D, Defendant E, and F reported the qualified acceptance of the inheritance to the deceased G as the Seoul Family Court Decision 2016Ra3479, Apr. 21, 2016. However, on September 22, 2016, the above court rendered a dismissal trial on the above claim for acceptance of the report on the ground that “Defendant D had already been accepted by the qualified acceptance of the qualified acceptance report on the deceased by the inheritance under the same court Decision 2016Ra376, Sept. 22, 2016, Defendant D had already been accepted by the qualified acceptance of the qualified acceptance report on the deceased.” Defendant F and E are the third-class inheritors as the deceased’s brothers and sisters, and Defendant D, the second-class inheritor’s father, the deceased’s father, was the deceased’s mother, and thus, did not have the standing to be a party.”

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including additional numbers), Eul evidence Nos. 1, Eul evidence Nos. 1, 1 and 2, and the purport of the whole facts and arguments in this court

2. Judgment on the plaintiff's claim

A. On March 19, 2013, the Plaintiff asserted that the Plaintiff lent KRW 30 million to G as of November 2013 and as of November 2, 2013, the Plaintiff: (a) died of G; (b) Defendant B and Defendant C, who is the husband of the first-class co-inheritors, renounced their respective inheritance; and (c) Defendant D, who is the father He and the mother, jointly succeeded to the Plaintiff’s above loan obligation as the second-class co-inheritors.

H. H.

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