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(영문) 대구지방법원 2014.08.21 2011나27101
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On October 1, 1940, the deceased M (hereinafter “the deceased”) married with X (the death of July 26, 1984), and had the Plaintiffs as their children. around early October 1, 1971, Defendant J maintained a de facto marital relationship with the Defendant K and L as his children, while maintaining the de facto marital relationship with the Defendant J as of May 16, 1987, after X died, the deceased Defendant J and the Defendant J were examined together with the Defendant J until March 1, 2008.

B. As the deceased died on the above date, the Plaintiffs and the Defendants inherited the deceased’s property. The inheritance shares of Defendant J, the deceased’s spouse, are 3/25, and the inheritance shares of the Plaintiffs, Defendant K and Defendant L are 2/25, respectively.

C. Each real estate listed in the separate sheet 1 is a property jointly inherited by the Plaintiffs and the Defendants from the Deceased.

(hereinafter referred to as “N land, N building,O land, O building, P land, and P building” is indicated as “N land, N building, O land, and P building,” as indicated in attached Table 1.

On the other hand, at the time of the death, the Deceased bears 350 million won as to the obligation to return the lease deposit with respect to the N land, buildings,O land, and buildings. The Defendants received the deposit by raising the deposit for lease with respect to each of the above real estate after the Deceased’s death in order to reimburse 55,648,279 won, which the Deceased bears against our bank. The aggregate of the increase is KRW 50 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 through 4, 6, 7, Gap evidence 2-10, 11, 13, 14, and Gap evidence 17, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The profit accrued from the inherited property after the death of the inheritee is attributable to the co-inheritors by the negligence of the inherited property and by the inheritance share. As such, in a case where some of the co-inheritors acquired the negligence by exclusively taking advantage of and taking advantage of each of the real estate listed in attached Form 1, which is the inherited property, as follows, the remaining co-inheritors

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