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Reasons
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(영문) 서울북부지방법원 2017.05.02 2016가단124570
상속회복청구
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on September 8, 2013. At the time of death, there was the Plaintiff, children, D, E, and F, the wife of the deceased, as co-inheritors.

On the other hand, D transferred all of its inheritance shares to the Plaintiff on April 21, 2014.

B. As 2014Gahap22523, the Plaintiff and F filed a lawsuit seeking inheritance recovery (hereinafter referred to as “transfer lawsuit”) by asserting that their inheritance shares were infringed upon against the Defendant and E (the Plaintiff’s claim against the Defendant 250,000,000 won (=the claim 45,000,000 won of the decedent’s claim against E) of the deposit claim under title trust (=the claim 70,000,000 won of the deposit claim again trusted to the Plaintiff’s account in the Plaintiff’s name) of the Defendant’s deposit claim amounting to KRW 45,00,000,000 of the deposit claim against the Defendant’s apartment residence in the Plaintiff’s name). Of these, the Plaintiff’s claim against the Defendant is as follows.

“The Defendant shall pay to the Plaintiff 74,545,454 won (i.e., the above KRW 205,000,000 x 2/5.5) and the amount equivalent to 5% per annum from September 8, 2013 to the service date of a copy of the instant complaint, and 20% per annum from the next day to the day of full payment.”

C. On July 14, 2014, while the previous lawsuit was pending, the Plaintiff, the Defendant, the F, and D: “The deceased’s total inherited property is KRW 250,00,000 (205,000,000,000,000,000,000,000,000, which was the Defendant’s claim against the deceased’s claim for KRW 45,000,00,00, and A acquired the Defendant’s right for all inheritance; therefore, the heir’s inheritance ratio is the Defendant: F: 1.5: 2: 1.5,00: 2,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).”

In accordance with the purport of the foregoing agreement, the following content shall be between the Plaintiff, the Defendant, the F and E on September 19, 2014:

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