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(영문) 서울중앙지방법원 2018.03.30 2017가합508579
상속회복청구
Text

1. The Defendant: (a) KRW 43,084,858; (b) KRW 57,620,853 to Plaintiff A; and (c) each of them, from December 6, 2016 to March 2018.

Reasons

Basic Facts

The relevant network D (hereinafter “the deceased”) of the parties died on December 5, 2016, and the co-inheritors of the deceased were married with the deceased on September 4, 1992, and the Defendant, who was a father of the Plaintiffs.

The Deceased’s real estate disposal decedent entered into a sales contract on August 12, 2016 with the Non-Co., Ltd., to sell KRW 61.2 million with respect to his/her own land and ground buildings (hereinafter “real estate 1 of this case”). On the same day, the Deceased’s real estate disposal decedent was paid KRW 60,0160,000 for the same day’s down payment, and the intermediate payment of KRW 1220,240,000 for the intermediate payment on November 21, 2016, and the remainder amount of KRW 420,80,000 was paid on December 21, 2016.

On September 1, 2016, the Defendant: (a) purchased the owner of the FF land and the building on the ground (hereinafter “second real estate”) in Seoul Special Metropolitan City, the Defendant and the Deceased, with a total of KRW 4,300,000,000,000,000; (b) acquired the obligation to return deposit by succession to the lease agreement on the said real estate; and (c) concluded a sales contract with the seller to pay KRW 228,00,000 to the seller; and (d) completed the registration of ownership transfer under the name of the Defendant on December 21, 2016, which was after the deceased’s death, by solely purchasing it.

After the death of the deceased, the Defendant agreed to deposit the balance of KRW 420,80,000 from the sale price of the first real estate in the account of the father, who is the co-inheritors, into the account of the non-indicted co-inheritors. The Defendant subsequently received a written consent stating that the above deposit should not be raised.

Vien C&C Co., Ltd. shall pay the balance with the account in the name of the defendant, and completed the registration of ownership transfer of the first real estate on December 21, 2016.

After the sale of the first real estate of this case, the balance of the deposit account in the name of the deceased at the time of the death of the deceased, after the sale of the deceased, shall be KRW 14,597,005.

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