(영문) 대구고등법원 2018.09.19 2017나25810

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(영문) 대구고등법원 2018.09.19 2017나25810

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) On May 5, 1962, the Defendant married with C and died on January 6, 2009 between D, E, and Plaintiff 3 (hereinafter “the deceased”). On January 6, 2009, the Defendant owned real estate in several hundreds of shares at the time of death, shares 7,152 shares (10%) of an I Co., Ltd. (hereinafter “I”), and deposit claims in a bank amounting to KRW 00 million, and contact membership.

3) The Deceased is a school juristic person F (hereinafter “F”) around 1983.

(2) Around July 2009, the Plaintiff, Defendant, and E established and run H University in Ansan-si. The Defendant served as the president from September 10, 2007 to August 2014. The Plaintiff was appointed as the president of H University from February 15, 2012 and is in charge of the actual operation of the said University. (b) On the part of inherited property, the Plaintiff, Defendant, and D, and E agreed on the division of inherited property (hereinafter “the first agreement on the division of inherited property”) with respect to the part of inherited property (hereinafter “the first agreement on the division of inherited property”), and written agreement on the division of inherited property (Evidence 6) with such content as follows.

1. Of the deceased’s financial property, the next deposit under the name of the Defendant (hereinafter “instant deposit”) shall be owned by the Defendant.

bank name account number (won) J 162,958,303 L M 1,606,261,314 1,769,219,617

2. Of the 7,152 common shares of I owned by the Deceased, 2,384 shares of 7,152 (attached Form 2; hereinafter “instant shares”) shall be owned by the Defendant.

3. The N School site 30,947 square meters (the land indicated in paragraph 1 of the attached Table; hereinafter “instant land”) owned by the Deceased shall be owned by the Defendant.

2) On September 2009, the Plaintiff, the Defendant, D, and E renounced their rights to inherited property to the Plaintiff and agreed to the inheritance issue to be responsible and resolved by the Plaintiff. 3) On December 2009, the Plaintiff, the Defendant, D, and E were part of the inherited property.

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