logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2014.08.12 2013가단4317
유류분 분할청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The underlying factual network C (hereinafter “the deceased”) died on April 22, 2013. As the deceased’s heir, there are children of the Defendant, the Plaintiff, D, and the deceased’s children who died earlier than the deceased.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The Defendant asserting the cause of the Plaintiff’s claim is in custody of KRW 93,00,000,000 of the deceased’s money. The Plaintiff, a co-inheritors of the deceased, inherited his claim corresponding to the inherited portion among the claim for return of the money deposited in custody against the Defendant, and thus, the Defendant is liable to pay the Plaintiff KRW 31,00,000 and damages for delay.

B. As to the facts that the Defendant received KRW 40 million from the Deceased on October 5, 2010 from the Deceased, and KRW 15,732,122 on November 1, 2010, there is no evidence to acknowledge that the Defendant received money in excess of the above amount.

In addition, the following circumstances are acknowledged to show the purport of the entire argument in each statement of Eul evidence Nos. 1 through 18 (including the number of pages). In other words, in light of the fact that the defendant, who is the head of the deceased on June 23, 2010, supported the deceased at the defendant's home after the deceased's death on June 23, 2010, paid a considerable amount of money in support of the deceased at the defendant's home, and the relationship between the deceased and the defendant, it is recognized that the deceased donated the above KRW 55,732,122 to the defendant. Thus, the plaintiff's claim on the premise that

3. As such, the plaintiff's claim is dismissed as it is without merit.

arrow