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(영문) 수원지방법원여주지원 2017.12.27 2016가합6407
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 21, 1957, Defendant B married with F (hereinafter “the deceased”) and left Defendant C, D, and E as his children, and the Deceased died on November 14, 2006.

B. After the death of the deceased, the Defendants jointly inherited each real estate listed in the separate sheet equivalent to KRW 6,154,661,000 in the market value of the deceased (hereinafter “each of the instant real estate”) and the financial assets equivalent to KRW 1,317,053,198.

C. On April 26, 2007, each of the instant real estate was transferred to the Defendants on the grounds of inheritance, and thereafter, the ownership transfer registration was completed in G, H, and I on January 25, 2016 on the grounds of sale due to voluntary auction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1- 5 (including each number), each order to submit financial transaction information, the whole purport of the arguments

2. The Plaintiff’s assertion is the deceased’s children born before the deceased’s marriage with Defendant B.

The Defendants, except the Plaintiff, infringed the Plaintiff’s inheritance rights by succeeding the deceased’s property.

Therefore, the Defendants are obligated to return to the Plaintiff the part corresponding to the Plaintiff’s inheritance shares among the property inherited from the deceased.

Among inherited property, each of the real estate in this case among the inherited property in this case has become impossible to return its original value because the transfer registration of ownership has been completed to a third party. Therefore, the defendants should return its value. Of each of the real property in this case, the amount to be returned to the defendants to the 1,19,029,273 won (6,154,661,00 won x 2/11 x 2/11 x 3,009,757 won (1,119,029,273 x 3/9), Defendant C, D, and E are 248,673,172 won (1,19,029,273 x 2/9), and the amount to be returned to the defendants to the 239,464,218 (1, 317,053, 198, 2, 294, 3294, 2294, 3296, 2942, 1942, x 294

Therefore, the Plaintiff.

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