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1. As to KRW 1,00,000 among the Plaintiff, the Defendant’s KRW 127,182,690 and the said money, from June 6, 2019 to August 22, 2019.
Reasons
1. Facts of recognition;
A. Busan Young-gu C land and two neighborhood living facilities (hereinafter referred to as “instant real estate” in combination of the above land and buildings) were owned by D. D on March 21, 2016. D was the inheritor’s spouse E, the Plaintiff, F, G, and H.
B. The Plaintiff and E filed a claim for the adjudication on the division of inherited property against F, G, and H. The Plaintiff and E filed a claim for the adjudication on the division of inherited property against the Plaintiff, F, G, and H (hereinafter “instant adjudication on division of inherited property”); on September 19, 2018, the Busan Family Court divided the instant real property among inherited property into shares of 1/4 shares; on September 19, 2018, “The Plaintiff, E, G, and H are divided into shares of 12,493,818 shares; on the Plaintiff’s deposit account, KRW 12,493,818 shares, F is divided into shares; on the Plaintiff, E, G, and H is divided into shares of 1/4 shares; on the Plaintiff, E, G, and H is divided into shares of 250,000,000 won with respect to the instant real property, which is a passive property, the Plaintiff’s specific share of inherited property was determined by the Plaintiff’s share of inheritance.
C. Although F filed an appeal against the foregoing judgment of the first instance, on July 29, 2019, the appeal was dismissed (the Busan High Court 2018B5015, 5016 (the main judgment), and the judgment of the first instance became final and conclusive on August 22, 2019.
Meanwhile, as of March 21, 2016 when D died, KRW 436,212 in the account number I (hereinafter “instant account”) among the Defendant bank ordinary deposit accounts in the name of D remains in balance. From March 21, 2016 to August 22, 2019, the sum of KRW 487,290,000 in the rent for the instant real estate was deposited from J Co., Ltd., the lessee of the instant real estate, from March 21, 2016 to August 22, 2019.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 2 through 6, 9, 11-1, 11-2, 13 through 15, and the purport of the whole pleadings
2. Determination
A. Fruits generated from inherited property (hereinafter “liability of inherited property”) before the division of inherited property is completed after the commencement of the relevant legal doctrine does not exist at the time of the commencement of the inheritance.