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(영문) 서울중앙지방법원 2017.12.15 2016나69569
보관금반환청구
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) died on March 23, 2013, and at the time of the death, there was the Plaintiff, F, G, Defendant, H, I, J, L, K, M, and N (each share of inheritance: 2/25) as the inheritor’s spouse, and the Plaintiff, F, G, the Defendant, H, I, L, K, and N (each share of inheritance: 2/25) as their children.

B. The registration of ownership transfer was completed on October 16, 2013 with respect to the building site and its ground (hereinafter “the instant real estate”) owned by the deceased on March 23, 2013, based on the inheritance by consultation and division on March 23, 2013. On the same day, the Defendant was granted a loan of KRW 1.3 billion from the said bank with respect to the said real estate as Seoul Central District Court No. 49455, Jun. 4, 2015, the maximum debt amount of KRW 1.566 billion, and the establishment of a mortgage establishment for the Industrial Bank of Korea’s neighboring mortgage holders.

The Defendant calculated the portion of inheritance tax of the co-inheritors’s share of KRW 175,00,00,000 for loans, KRW 62,166,920 for the instant real estate, KRW 423,292,292,00 for inheritance tax, KRW 7,077,120 for certified judicial scrivener’s expenses, KRW 7,270,840 for the inheritance of the instant real estate located in the Chungcheong Dop, KRW 363,910 for the property tax, KRW 650,00 for the certified tax accountant’s expenses, KRW 27,000 for the certified judicial scrivener’s expenses, KRW 30,000 for the instant real estate, and KRW 87,000 for the real estate deposit of the instant real estate and KRW 58,000 for the remaining successors, and paid the said money to co-inheritors accordingly.

C. On October 29, 2013, the Defendant concluded a sales contract to sell the instant real estate in KRW 1.88 billion to R, and received KRW 250 million in total, including the down payment of KRW 188 million, intermediate payment of KRW 62 million, and the payment date of the remainder was set on February 29, 2014.

G On November 25, 2013, the remaining co-inheritors filed a lawsuit for the division of inherited property under the Seoul Family Court 2013-Ma3072, and the said lawsuit is pending in the above court at the present time.

E. The Plaintiff and K are the Defendant on February 25, 2014.

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