beta
Text
1. Of the judgment of the court of first instance, the part on the claim for payment of money based on embezzlement of KRW 109,879,000.
Reasons
1. Part of the declaration of termination of the lawsuit ex officio;
According to the records, on January 5, 2017, after the closing of argument in the first instance trial, the Plaintiff submitted an application to the court of first instance, such as modification of the purport of the claim containing the purport of withdrawing the portion of “the claim for payment of money on the ground of embezzlement of KRW 109,879,” among the Plaintiff’s lawsuit on January 5, 2017, and the Defendant did not raise an objection within two weeks after being served the above document on January 10, 2017.
According to the above facts of recognition, the defendant is deemed to have consented to the withdrawal of the plaintiff's lawsuit on January 25, 2017 after two weeks from the date on which the above document was served (see Article 266 (6) of the Civil Procedure Act). Thus, the plaintiff's filing of the lawsuit on January 25, 2017 became effective.
(See Article 266(2) of the Civil Procedure Act. Accordingly, the first instance judgment on this part is unreasonable as the judgment on the merits was rendered while the lawsuit was already withdrawn, and thus, the said judgment is revoked and the declaration of termination of the lawsuit is to be made on this part.
2. Basic facts
A. 1) The deceased C married with the network D (Death September 29, 1993) and died on March 18, 2014, with respect to the Plaintiff, two South-North, three South-North, three South-North, one female, and four South-North, as his child. 2) G married with I and died on July 5, 1994, with J and K as his child. The deceased on July 5, 1994, I was transferred from J and K with respect to all rights arising in relation to inheritance due to the death of the network C.
B. After the death of the deceased C, such as the content of the written will, and the opening of the deceased C's will on March 21, 2014, as well as the opening of the deceased C's will on December 4, 2008. Among them, in the case of the written will certified as a deed signed by a notary public (hereinafter "the will of this case"), one-half of the entire property of the deceased C shall be succeeded to the Plaintiff, who is the son of the deceased, and the rest one-half of the two shall be divided into Defendant and F, E, J, L (the person who lives together with the deceased not by law but by the time of the deceased C's death) and the F shall be divided into 20%.