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1. The Defendant shall pay to the Plaintiff KRW 31,22,150 and interest rate of KRW 15% per annum from July 29, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The deceased C’s death and the heir’s confirmation 1) The deceased C (hereinafter “the deceased”).
(2) On October 6, 2014, the deceased died. The Defendant is his spouse at the time of the deceased’s death, and the Plaintiff is a child born between the deceased and the former wife D. (2) In addition to the Plaintiff, the deceased was born F, G, and H were born between the former wife and H.
I requested the public prosecutor to become the natural father of the deceased at the Daegu Family Court (2014ddan5234) and won a favorable judgment from the above court on May 16, 2016. The above judgment was finalized on June 8, 2016.
3) The Plaintiff filed a petition with the Seoul Family Court for adjudication of disappearance of G as the Seoul Family Court Decision 2014 Ma12255, and the above court rendered a declaration of disappearance on February 25, 2016 that the period of disappearance was terminated on March 10, 1965, and the above declaration of disappearance became final and conclusive on March 25, 2016. Accordingly, the deceased’s heir was determined on March 25, 2016.
B. The deceased’s inherited property’s inherited property was active property and there was a deposit claim of KRW 281,00,000 (hereinafter “instant deposit claim”) in total in respect of the balance against the Nonghyup Bank Co., Ltd. (hereinafter “CF”).
C. The Deceased, who prepared a will of the Deceased, shall be treated as follows on September 29, 2014:
(Intermediate omission) This will shall be carried out by the wife B (convenant of Independent Party) and shall be the master of all money and money and movables remaining inside.
Then, after writing a will letter stating the contents of "," sign and affix a seal and a seal to the end of the will.
(hereinafter “instant will”). D.
On December 12, 2014, the Seoul Family Court filed an application for adjudication on the division of inherited property with I as joint petitioners, and filed an application for adjudication on the division of inherited property with the Seoul Family Court No. 2014Ra2008, Dec. 12, 2014.
(hereinafter referred to as "case involving the division of inherited property").