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(영문) 서울동부지방법원 2017.08.16 2016나27957
횡령금 등
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C and D are legal couples and their children, and they have Defendant (Namnam), Plaintiff (Namnam), F, E, and G.

C The C died on January 14, 2014, and his property was inherited at the ratio of 3/13, the Defendant, the Plaintiff, the F, E, and G, each of 2/13.

B. On May 27, 2014, E filed a claim for the Seoul Family Court 2014 Ma30081 against the remaining inheritors for the adjudication on the division of inherited property, and filed a claim for the division of inherited property, such as the Seoul Family Court’s H-Ma262.3m2, Gangnam-gu Seoul, which is owned by the network C, and the building on the ground (the 5th floor, the underground floor; hereinafter “instant real property”), the lease proceeds of the instant real property, cash and installment savings, etc.

(hereinafter “instant case of division of inherited property”). C.

On the other hand, the deceased C’s heir sold the instant real estate to a third party on July 25, 2014 in the pending case of division of inherited property, and completed the registration of ownership transfer on August 29, 2014.

D, the wife of the deceased C, died on July 20, 2015, and on June 8, 2016, the following adjustments were concluded between the Plaintiff, the Defendant, F, E, and G in the instant case on the division of inherited property:

(hereinafter “instant conciliation”). 1. The claimant and the other party divide the inherited property of deceased C and deceased D as follows:

Inherited property shall be limited to deposit claims currently deposited in each account of the Bank (J), the National Bank (K, L, M), and the New Bank (N).

B. The above deposit claim is completed in the proportion of KRW 810,00,000/3,466,60,000, KRW 600,000, KRW 366,600, KRW 600,000 by the other party B, KRW 666,000 by the other party A, KRW 786,60,000, KRW 366,466,60,000 by the other party F, KRW 670,000 by the other party B, and KRW 666,60,000 by the other party G, and KRW 600,00,00 by the other party G, KRW 3,46,66,00,00 by the other party G.

2. The expenses of inheritance tax, etc. due to the above inheritance shall be borne in the proportion under paragraph (1) b above;

3. In addition to those set forth above, the claimant and the other party shall have all civil, criminal, household affairs, etc. relating to the decedent C, D's inherited and donated property in the future.

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