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(영문) 인천지방법원 2017.06.14 2016나8268
양수금
Text

1. The judgment of the court of first instance is modified as follows according to the succession participation made at the trial.

The defendants are the defendants.

Reasons

1. Basic facts

A. On April 19, 2005, Busan 2 Savings Bank (the former trade name before the change: hereinafter “ Busan 2 Savings Bank”) filed the instant lawsuit against the heir I, J, F, and K of the deceased H on April 19, 2005, and the first instance court sentenced the Busan 2 Savings Bank to accept the claim of the Busan 2 Savings Bank on July 14, 2005.

B. The Busan 2 Savings Bank was revoked on August 26, 201 under the Act on the Structural Improvement of the Financial Industry by the Financial Services Commission, and was declared bankrupt on March 7, 2012 by Busan 2012Hahap1, and the Plaintiff was appointed as the bankruptcy trustee.

On the other hand, on August 26, 201, the Plaintiff’s succeeding intervenor transferred his claim based on the first instance judgment from the Busan 2 Savings Bank according to the decision of the Financial Services Commission on the transfer of contracts.

C. I, J, F, and K received a decision on February 5, 2002 to accept the declaration of renunciation of inheritance against the deceased H in Incheon District Court 2002Ra67 decided on February 14, 2002. This decision was finalized on February 14, 2002.

Accordingly, at I, J, F, and K, the Plaintiff’s succeeding intervenor applied for the correction of the indication of the party to the Defendant G, which is the child of J, Defendant A, B, and F, the child of the Defendant C, D, and K. D.

The Defendants filed a qualified acceptance report on the inheritance of the deceased H’s property on February 14, 2017 with the Incheon Family Court 2017-Ma394, which was after filing an application for the correction of the indication of the parties, and the said report was accepted on February 28, 2017.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, Eul evidence 1 to 7 (including each number), significant facts in this court, the purport of the whole pleadings

2. In full view of the facts and the purport of the entire argument as to the cause of the claim, the Defendants, the deceased H’s heir, are obligated to pay 1,418,845 won (7,094,227 x 1/5) according to each inherited portion within the scope of the property inherited from the deceased H to the Plaintiff’s assignee of the claim against the deceased H, the transferee of the claim against the deceased H, within the scope of the property inherited from the deceased H.

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