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(영문) 서울고등법원 2019.02.01 2018나2031277
상속회복
Text

1. The plaintiffs' appeal and the selective claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

On July 29, 1959, the network E and the networkF were married married couple, and four children were the defendant, the male and female plaintiff A, the male and female plaintiff B, the male and female plaintiff B, and the female D.

The deceased E died on January 29, 2007, and the deceased on March 22, 2016.

【In the absence of dispute, Gap 1 and 2 evidence (if there are spot numbers, including each number; hereinafter the same shall apply), the summary of the plaintiffs’ assertion of the purport of the whole pleadings by the parties concerned were drank from May 13, 2011. The defendant was jointly inherited by the deceased mother, the plaintiffs, and the defendant and D from the time when the mother began to the time when the mother was dead, and the rent of KRW 1,409,83,80 was jointly inherited by the deceased mother, the plaintiff, and the defendant and D from the time when the mother began to the time when the mother was dead. ② The rent of KRW 331,70,828 from the land and the above ground buildings of Songpa-gu Seoul Metropolitan Government, ② The rent of KRW 1,793,692 from the I land of Jung-gu Seoul Metropolitan Government to the time when the mother was dead.

On the other hand, at the time of May 20, 201, KRW 380,702,004 was deposited in the deposit account under the name of the deceased.

However, at the time of the death of the deceased mother, the above rent income and deposit claims did not remain.

The revenue of the deceased mother's above rent and deposit claims are the inherited property of the plaintiffs and the defendant, and the defendant arbitrarily consumed or concealed the deceased mother's property while gathering the deceased mother, thereby infringing the plaintiffs' inheritance rights.

Therefore, the defendant is obligated to pay to the plaintiffs 397,495,766 won equivalent to the plaintiffs' shares in inheritance (1/4) out of the remaining 1,589,983,064 won after deducting 584,207,260 won paid as public charges, hospital expenses, etc. from total 2,174,190,324 won of the above rent and deposit claims.

In addition, since the defendant has gathered the deceased and managed the deceased's property, it constitutes "a person who manages affairs on behalf of others without any obligation" under Article 734 of the Civil Act, and has the duty to manage the deceased's property in a way most beneficial to the deceased's mother.

However, the defendant violated his duty and 1,589 out of the lost mother's property.

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