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(영문) 서울중앙지방법원 2020.07.07 2020가단5085449
구상금
Text

1. The plaintiff's claims against the defendant (appointed party), Appointed D, and E are all dismissed.

2. The costs of lawsuit shall be individually counted.

Reasons

On August 9, 2010, “F shall pay to the Plaintiff 36,701,210 won and the amount equivalent to 5% per annum from September 9, 2008 to June 10, 2010, and 20% per annum from the next day to the day of full payment,” which the Plaintiff brought against Non-Party deceased on October 25, 2019. The deceased died on October 25, 2019, and the deceased and appointed parties D, who are his spouse and children, and the Defendant and appointed parties D, and E did not receive any dispute between the parties to the judgment on waiver of inheritance under the Seoul Family Court Decision 201Hu8543, Jan. 30, 202, or the parties to the judgment on waiver of inheritance under the Seoul Family Court Decision 2017Mo8543, Jan. 30, 202, and the deceased shall be acknowledged as Gap’s evidence No. 1.

Therefore, as the defendant, the designated person D, and E lose the status of inheritor retroactively after being tried to waive inheritance, the plaintiff's assertion on the premise that the defendant, the designated person D, and E are the deceased's heir is without merit without any need to further examine.

If so, the plaintiff's claim against the defendant, the appointed party D, and E in this case is dismissed as it is without merit. It is so decided as per Disposition.

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