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1. The claim of this case is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs and the Defendants, D, and E are co-inheritors of the network F (hereinafter “the network”).
B. The NetworkF died on September 19, 2013.
C. On June 24, 2014, prior to the death of the deceased, the Plaintiffs, the Defendant, D, and E consulted on the issue of the distribution of the deceased’s inherited property. The co-inheritors provided each of them with the money that they received from the deceased on the grounds of donation, etc. (the Defendant’s KRW 270,000,000, KRW 30,000, KRW 120,000, KRW 5,000, KRW 5,000, and KRW 425,00,000 in total, and KRW 85,00,000 in total, respectively.
[Reasons for Recognition] Unsatisfy, Witness G's Testimony, and the purport of the whole pleadings
2. The assertion and judgment
A. On June 24, 2014, the Plaintiff’s assertion and the co-inheritors, including the Defendant, agreed on the distribution of the deceased’s inherited property on June 24, 2014, which was the day before the deceased’s death, to return all the property received by them on the grounds of donation, loan, etc. and distribute them equally. At the time, the co-inheritors received only KRW 85,000,000 on the basis of only the property returned by the Defendant’s failure to return all the property, and the details of the property to be additionally returned by the Defendant are as follows.
① 143,00,000 won for the return of the commercial building No. 104 of HA building’s 104th floor (2) 60,000 won for the deceased’s share in I apartment house No. 1609, 1308, and 1300,000 won for the apartment house under the Defendant’s father’s father’s title (3) purchase of the above apartment house ③ KRW 73,000,000 for the loans borrowed from the deceased and KRW 70,000 for the lease deposit (70,000,000). ④ The Defendant’s interest accrued at KRW 12,493,150 for the deceased’s 150,000,000 that was withdrawn from the passbook after the death of the deceased, and the remaining co-inheritors and co-inheritors’s right to the inherited property shall be equally paid to the co-inheritors.