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(영문) 의정부지방법원 2019.02.12 2018나1576
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. C (hereinafter “the deceased”) died on July 3, 2017. The Plaintiff is the deceased’s father, D’s children, the Defendant is the latter wife of the deceased, and the Plaintiff and the Defendant are female related persons.

B. During the inheritance process commenced upon the death of the deceased, the Plaintiff, the Defendant, and D agreed on the division of inherited property as follows:

(A) A copy of the agreement on division of inherited property was made out of D’s strong pressure and conflict, and the agreement on division of inherited property is null and void. However, the evidence submitted by the Defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, the above assertion is without merit). 1. Of all the claims (including the network’s corporate bank, post office, E Bank’s deposit passbook, and all monetary claims against the F Management Body of the Deceased) including the bank deposit claims held by the Deceased on the basis of the date of death of the Deceased, the above claim is solely owned by the Plaintiff except for the amount of KRW 250 million to be paid to the Defendant as specified in paragraph (3)

2. In addition to Paragraph 1 above, additional monetary assets not discovered at the time of the preparation of the present letter of agreement on the basis of the date of death are owned by the plaintiff as provided in Paragraph 1.

3. The Plaintiff shall pay KRW 250,000 to the Defendant within 30 days after the change of the name of the deposit claim related to the foregoing paragraphs 1 and 2 and the completion of the repayment of the claim to the F Management Body.

4. Each heir shall cooperate with one another in all procedures, including withdrawal from deposits necessary for enforcement of the above paragraphs 1, 2 and 3.

5. Notwithstanding the above consultation under paragraphs (1) through (4), the balance of the E Bank passbook (G) owned by the deceased shall be owned by the defendant, except that the F Management Body mentioned in paragraph (4) above per month pays 5 million won per month within the same passbook as the plaintiff.

6. D and the Defendant shall be free from inheritance on the entire deposits and claims of the Deceased, and all of them shall be free from inheritance after consultation.

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