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(영문) 서울중앙지방법원 2014.10.02 2013가합546894
구상금
Text

1. The defendant (Counterclaim plaintiff, the designated party), the defendant (Counterclaim plaintiff), the plaintiff (Counterclaim plaintiff) C, and the appointed party D respectively are 14,307.

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, C, and Selection D (hereinafter collectively referred to as “Defendants”), and E, and F are children between G and H, and the Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, and Selection are women, and E are three women, respectively.

B. On November 19, 1997, G bequeathed 7,105 square meters (hereinafter “I land before division”) to the Plaintiff (hereinafter “instant legacy”).

C. G completed the registration of the establishment of a neighboring land under the name of the National Bank of Korea (hereinafter “National Bank”), as to the I land prior to the split-off on April 23, 2007, and received a loan of KRW 350,000,000 from the National Bank (hereinafter “Prior Loan”).

G completed the registration of establishment of a neighboring agricultural cooperative (hereinafter referred to as the “NFF”) with respect to I land before subdivision on January 30, 2009, and received loans of KRW 300,000,000 from Sungsung Agricultural Cooperative on February 11, 2009 (hereinafter referred to as the “instant loans”).

On February 6, 2009, the registration of the establishment of the above mortgage in the name of the National Bank of Korea prior to the division was cancelled on February 9, 2009.

E. On June 18, 2008, H died, and the Plaintiff, the Defendants, and the Defendants, and F, the husband of G and their children jointly inherited their property. Since G died on February 13, 2009, the Plaintiff, the Defendants, the E, and F shared inheritance of one-six shares of their own property.

F. On March 23, 2009, after G died, the Plaintiff paid KRW 2,461,626 in total the amount used between January 2009 and February 2009 for the credit card issued in the name of G on the KB National Card.

G. On December 23, 2009, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the land I before subdivision, which was based on the instant legacy.

H. The Plaintiff’s interest accrued between February 11, 2009 and September 30, 201 on the instant loan to Daisung Agricultural Co., Ltd. is KRW 33,920,291.

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