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(영문) 서울고등법원 2018.03.08 2017나8571
청구이의
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The grounds for the acceptance of the judgment of the court of first instance are the same as the grounds for the judgment of the court of first instance, except for adding or adding to the following. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the first instance court, the "Account in the name of the plaintiff" in the 4th and 2th of the judgment of the first instance consists of the "Account in the name of the plaintiff (or the plaintiff (or the plaintiff I)."

The following shall be added to the fourth sentence of the first instance court's decision in the second sentence.

Of the judgment of the first instance court, “(in particular, even after the date of the closing of the argument in this case, the Plaintiff has concealed or fraudulently consumed inherited property, such as accepting the earnings of H, an inherited property, KRW 51,200,000,000,000,000 from its own account, and KRW 91,50,000,000,000,000,000,000,000,000,00)” (see, e.g., Supreme Court Decision 20 and 21, Jan. 1, 201).

As of December 31, 2014, the Plaintiff’s claim against H was 256,847,072 won as of December 31, 2014 (Evidence A 19-3), and even if H funds were deposited in each of the Plaintiff or I’s accounts after the date of closing the argument in the instant judgment, as alleged by the Defendants, the following is added as of December 7, 2012:

“(The Plaintiff shall be deemed to have granted simple approval for the above reasons, but this case’s judgment specified in the scope of liability as the deceased’s inherited property shall not be subject to compulsory execution against the instant real estate, which is not inherited property, with the title of execution).”

2. In conclusion, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed.

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