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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons for the acceptance and amendment of the judgment of the court of first instance are as follows: ① “The Seoul Family Court 2031st order973” in Section 2, 16 of the judgment of the court of first instance shall be deemed to be “the Seoul Family Court 2013rd order973”; ② 5th order 13 to 15th order of the court of first instance shall be as follows: (a) the Plaintiff, prior to the renunciation of inheritance, conducted a disposal act by the Defendant by means of collecting deposit claims, construction cost claims, and insurance maturity refund claims; (b) the Plaintiff, prior to the renunciation of inheritance; (c) operated vehicles in the name of C after the renunciation of inheritance; (d) concealed or consumed C’s lease deposit claims, insurance maturity refund claims; and (d) the Defendant’s act constitutes a ground for statutory simple approval; and (c) the Defendant’s act shall be deemed to be a “one bank”; and (4) the Plaintiff shall be cited as stated in Section 11 of the Civil Procedure Act, except for the following addition:
2. According to Article 1026 subparag. 1 of the Civil Act, determination as to the assertion regarding collection of the claim for construction price against C with respect to M constitutes a disposal act regarding inherited property by an inheritor, it is deemed that a simple approval has been granted when an inheritor conducts a disposal act regarding inherited property.
(See Supreme Court Decision 2009Da84936 Decided April 29, 2010, etc.). However, according to the written evidence Nos. 11 and 12 (including paper numbers), with respect to the construction of newly built urban community housing in Gangnam-gu Seoul, which was constructed by C, in the name of the contractor’s agent, the owner of the construction, the representative of M, and the third person of P, “M paid a total amount of KRW 65 million from September 14, 2012 to December 23, 2012, among the construction cost of KRW 85 million, and the construction work remains to be delegated to P.