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(영문) 서울중앙지방법원 2014.07.24 2013가합10838
구상금 등
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 722,788,077 and its KRW 426,492,023 among them, the Defendant (Counterclaim Defendant) shall have on October 23, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On January 27, 1948, the deceased C (hereinafter “the deceased”) married with D (the deceased on September 10, 1953) and left E and F as its children. After that, G and the Plaintiff and the Defendant were divorced, and died on January 18, 2009 after having divorced from G on March 6, 1990.

The Plaintiff received the inheritance shares (1/4) from E around October 4, 2010.

At the time of the deceased’s death, the deceased held each real estate listed in the separate sheet Nos. 1, 2 (hereinafter referred to as “H building”, 3, and 4 as “I building”, each real estate listed in the separate sheet Nos. 1, 2, and 1,771,035,105 won (as of April 2, 2009) (as of the deposit claims against the Korea Telecommunication Bank (hereinafter “CT Bank”) and the Korea Telecommunication Bank (hereinafter “IS”). However, under the agreement between the Plaintiff and the Defendant, the deceased’s inherited property at the time of the adjudication on the division of inherited property, which is deemed below, remains only as real estate listed in the separate sheet Nos. 2.

On May 11, 2009, the Plaintiff filed a petition with the Defendant and F for an adjudication on the division of inherited property [the Seoul Family Court 2009 Ma777, 2010 Mahap147, 2010 Mahap219 (Joint)]. On December 27, 2011, the said court rendered a decision on the division of the Plaintiff’s final share in inherited property, with the following: (a) on the ground that the Defendant received special profits (8,77,777, 773,417) in excess of his/her statutory share in inheritance (5,77, 326, 236), the Defendant was excluded from the actual share in inherited property; (b) the Plaintiff’s final share in inherited property was determined as KRW 9,509,463,320, and F’s final share in inherited property was determined as KRW 4,812,307,879; and (c) H building owned by the Plaintiff and real estate No. 5 or F.

The plaintiff and F appealed against this, but the appellate court (Seoul High Court 2012B16, 2012B17, 2012B18 (combined), and 2012B18 (Recompetence)) dismissed all the appeals on January 2, 2013.

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