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(영문) 서울중앙지방법원 2017.05.24 2017나2891
양수금
Text

1. The judgment of the court of first instance is modified as follows.

G on August 31, 2015, the Incheon District Court Branch of the Incheon District Court in 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendants, and intervenors are the children of I, and I (hereinafter “the deceased”) died on December 12, 2013.

B. At the time of death, the Deceased had the claim to refund the lease deposit amount of KRW 200,00,000 (hereinafter “the lease deposit of this case”) with respect to G at the time of his death.

C. On December 30, 2013, the Plaintiff reported the renunciation of inheritance to renounce the deceased’s inheritance as the father- branch court of the Incheon District Court 2013-Ma1291, and the said court accepted the Plaintiff’s renunciation of inheritance on January 21, 2014.

The Intervenor and the Defendants: (a) on February 21, 2014, kept KRW 50,000,000 at Defendant E’s expense, including Defendant E’s company, at KRW 200,000; (b) paid KRW 60,00,000 at Defendant C’s residential expense; and (c) paid KRW 90,000 at Defendant C’s residential expense; (d) the remainder amount of KRW 90,000 (20,000- KRW 50,000,000 - KRW 60,000,000 - KRW 18,000,000,000 each of them received each of the inherited property (i.e., KRW 90,000,0000 x 15/505).

E. Furthermore, the Intervenor and the Defendants paid each of the above KRW 3,000,000 to the Plaintiff at KRW 18,000,000, and paid each of the remaining amounts to the Plaintiff as KRW 50,000,000 that Defendant E decided to keep.

(B) On October 23, 2014, the Plaintiff asserted that the claim for the agreed amount to be paid by the Defendants to the Plaintiff was KRW 11,33,333,33, and notified the Defendants.

(g) At the latest, the above notice was delivered by the delivery of the instant application for conciliation. H is the amount of claim KRW 3,000,000 against the Defendants, according to the instant agreement.

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