logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.22 2016가단5032769
보관금반환 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. E (hereinafter “the deceased”) died on March 23, 2013, and at the time of the death of the deceased, there were F (3/25) as the inheritor’s spouse, the Plaintiffs as children, and the Defendant, G, H, I, J, K, K, L, and M (each share of inheritance: 2/25).

B. The registration of ownership transfer was completed on October 16, 2013 regarding the Seoul Jongno-gu Seoul N Site and its ground buildings owned by the deceased (hereinafter “instant real estate”). On March 23, 2013, the registration of ownership transfer was completed due to the inheritance by consultation and division on March 23, 2013. On the same day, the registration of establishment was completed near the Industrial Bank of Korea with the maximum debt amount of KRW 1.56 billion (loan amount: KRW 1.3 billion) in the future.

C. F. On October 26, 2016, the Plaintiffs, the heirs, who died on October 26, 2016, and there are the Plaintiffs, the Defendants, G, H, I, and J (Shares of inheritance: 1/8).

[Grounds for recognition] Each entry of Gap evidence Nos. 2-4, 6, 7, 18-20 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. On October 15, 2013, the Defendant asserted that the deceased’s heir, including the plaintiffs, and the defendant agreed to pay 1.3 billion won to the above heir after the establishment of the right to collateral security on the instant real estate by inheritance. As such, the Defendant paid 1.5 billion won to F, the deceased’s spouse (i.e., KRW 1.3 billion x 3/25), among the above loans (i.e., KRW 1.3 billion x 25), and 1.4 million to the remaining heirs, who are the deceased’s children (i.e., KRW 1., KRW 1.3 billion x 2/25), the Defendant voluntarily paid 87 billion to F, and 58 million to the remaining inheritors, including the plaintiffs, without any agreement.

Therefore, the amount of custody that the Defendant should pay to F is KRW 69 million (=156 million - KRW 87 million), and the amount of custody that the Defendant should pay to the remaining heirs, including the Plaintiffs, is KRW 46 million (=1.4 million - KRW 58 million).

Thus, the defendant is worth 46 million won each of the plaintiffs' custody funds and 69 million won each.

arrow