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(영문) 대구지방법원 2017.08.10 2016가합203623
유류분반환
Text

1. On April 15, 2016, Defendant C: (a) KRW 43,671,477 for each of the Plaintiffs; and (b) KRW 41,396,621 for each of the Defendants D and each of the above amounts.

Reasons

1. E, which was referred to by the original Defendant of basic facts (hereinafter “the deceased”), died on April 9, 2015.

Accordingly, F and the original Defendant jointly inherited the deceased’s property at each ratio of 3/11 and 2/11.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence No. 1, and the purport of the whole pleading

2. Determination on the claim for inheritance recovery

A. The Plaintiffs asserted that Defendant C’s claim against the above Defendant for the return of KRW 16,920,00,00 (=93,094,109 x 2/11,000 x less than KRW 2/11,00), which is the Plaintiff’s share in inheritance recovery claim, is against the said Defendant, since both Defendant C terminated and withdraw the deposit KRW 93,094,109 in respect of the Nonghyup Bank, which is the deceased’s inherited property, and deposited it into its nominal account.

B. In light of the purport of each of the statements and arguments and evidence Nos. 96Da37398, Mar. 27, 1998, the deceased had a total of KRW 92,524,283 (including interest, income tax and resident tax deduction) in the Nonghyup Bank at the time of death, and the defendant C had a total of KRW 92,524,283 (including interest, income tax and resident tax credit) and a total of KRW 92,524,283 (including deposit) in his/her own deposit account in his/her name as of April 16, 2015, after the death of the deceased, cancelled each of the above deposits and withdrawn them on the same day.

However, the following circumstances acknowledged by the purport of the statement Nos. 1 and 8 and the entire arguments are as follows. In other words, Defendant C opened a fixed deposit account and deposited a total of KRW 80,000,000 in its own name.

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