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(영문) 서울남부지방법원 2020.07.10 2019가합501
상속금 반환
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The parties concerned, etc. are the spouses of the deceased C (D students, hereinafter “the deceased”) and the plaintiffs (appointed parties; hereinafter “Plaintiffs”), the designated parties, E, F, G, and H are the children of the deceased.

B. The Deceased’s real estate disposal deceased owned 4.85 square meters and 85.38 square meters of each floor of the neighborhood living facilities on the first floor of Michuhol-gu Incheon, Michuhol-gu I, 306.1 square meters, and the ground brick slocks on the ground (hereinafter “instant real estate”).

On February 12, 2018, the Defendant sold the instant real estate in KRW 730 million to J (hereinafter “instant church foundation”) on behalf of the Deceased, a foundation foundation (hereinafter “instant church foundation”).

On March 28, 2018, the instant church foundation completed the registration of transfer of ownership based on the sale of the instant real estate.

C. The deceased’s death and the renunciation of inheritance by the Defendant et al. died on May 10, 2018, and the Defendant, F, G, and H reported the renunciation of inheritance as the Suwon District Court 2018Radan1541 on July 2, 2018, and the said court accepted the said report on August 29, 2018, and E also reported the renunciation of inheritance.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 10 evidence, Eul evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion is that the Defendant arbitrarily disposes of the instant real estate owned by the Deceased regardless of the deceased’s will, and retains KRW 50 million out of the purchase price.

The Deceased has a damage claim against the Defendant for tort equivalent to the above amount, and the Plaintiff and the designated parties, who are the deceased’s children, inherited the deceased’s property at the ratio of inheritance 1/4 of each of the inheritance shares.

Therefore, the defendant is obligated to pay 137.5 million won each to the plaintiff and the designated parties (=50 million won x 1/4).

3. Determination

A. In full view of the records and the purport of the entire arguments as stated in the evidence Nos. 6 and 7, the deceased’s real estate of this case.

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