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Reasons
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(영문) 대전지방법원천안지원 2019.01.16 2018가단104227
상속회복청구의 소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C was killed on December 24, 2017 (hereinafter “the deceased”), and his/her family members were the Plaintiff, Defendant, and E, who are the spouse.

B. With respect to D, the Defendant filed an application for adjudication of disappearance with the Seoul Family Court 2018Jama50611.

[Reasons for Recognition: Unsatisfy, Evidence 1, 2, Evidence 1, 13, the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, as the inherited property of the Deceased, is the Plaintiff’s housing with the size of 186.6 square meters and the two above ground-based housing (hereinafter “instant real estate”).

(2) G Cooperatives (hereinafter referred to as “G Cooperatives”) with the purchase price of KRW 180,000,000.

(1) 1,711,276 of deposits, and 3 H Bank (hereinafter “H Bank”)

() Of the deposits 13,882,263 won in total, KRW 205,593,529 won in total and paid only KRW 40 million to the Plaintiff. Therefore, the Defendant was obligated to receive KRW 28,531,179 [Article 28,531, 179 won [Article 205,593,529 x 1/3] or 40 million in total [Article 25,593,539 [Article 180,186 won x 2/9] [Article 11,273,263 won x 13,263 won] of the Plaintiff’s share in inheritance x 11,593,539 won in total and 2/9 [Article 11,593,52, 263 won] of the Plaintiff’s share in inheritance x 1,300,000 won in the Plaintiff’s share in inheritance - 4,6065 million won in particular by the Defendant’s.

Considering these circumstances, the Plaintiff’s share of inheritance is higher than that that available to the Plaintiff, and thus, the Defendant is not entitled to the Plaintiff.

B. The value of the existing inherited property at the time of commencement of inheritance: A sales contract was concluded on December 29, 2017 that sells the instant real property owned by the deceased for KRW 440 million to I on a total of KRW 210,394,071: KRW 172,000,000,000,000,000,000,000 to the Defendant around March 16, 2018, which is after the death of the deceased.

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