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(영문) 서울서부지방법원 2020.07.03 2019나36428
상속회복 청구의 소
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the defendant's assertion in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the defendant submitted evidence in the court of first instance, and additional evidence submitted in this court,

(1) The main issue of the instant case is: (a) whether the Plaintiff A legally conferred the power of attorney at the time of delegation of the lawsuit; (b) whether the Defendant’s act of withdrawing the deposit KRW 150 million in D was justifiable; and (c) whether the Plaintiff A lawfully granted the power of attorney at the time of withdrawal of the deposit KRW 150 million in D; and (d) whether the Defendant infringed the Plaintiffs’ inherited property by withdrawing the deposit KRW 150 million in D; and (e) the first instance court’s judgment that recognized that the Defendant infringed the Plaintiffs’ inherited property is justifiable. Therefore, the reasoning of the instant judgment is as stated in the reasoning of the first instance judgment, except for dismissal or addition as follows, and thus, it is cited pursuant to the main sentence of Article 420 of the

2. The Defendant’s second page 11 of the judgment of the court of first instance is added to “the Plaintiff unilaterally leave the Plaintiff B’s birth.”

The statement of No. 9 of the first and second written judgment of the court of the first instance is the "statement of No. 9 of the first and second written judgment" as "No. 9, 16 through 18 of the first written judgment, Eul evidence No. 11 of the first written judgment, the result of the first written examination of the plaintiff of the first written judgment against the plaintiff, and the opinion of the professional examiner G of the court of the

3.3. A.m. of the first instance judgment

The term "paragraph" is as follows:

A. According to the above facts, the defendant, without the consent of the plaintiffs, withdrawn KRW 150 million from D's deposit, and acquired independently and infringed the plaintiffs' inherited property.

Therefore, the above 150 million won is obligated to return the money corresponding to the inheritance shares of each plaintiffs among the above 150 million won.

In this regard, the Defendant lent KRW 150 million to D before his birth, but only after his death.

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