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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The underlying facts E (hereinafter “the deceased”) died as of January 26, 2013 at the age of 82, 2013, and the Defendant, both Plaintiff A, 2 South and North, Plaintiff C, 3 South and North, and four women, both of whom are South and North Korea, do not have any dispute between the parties.
2. The parties' assertion
A. Plaintiffs 1) The Defendant was managing the deceased’s property as close as the mother, who was the deceased’s mother before the deceased’s birth. Using that the deceased’s physical and mental condition was weak, the Defendant deposited 230 million won to the deceased’s community credit cooperative and post office account from 2004 to January 10, 201, and used it for personal purposes without re-deposit at maturity. ② From May 21, 2010 to November 25, 201, the Defendant embezzled KRW 238 million in total for personal purposes by withdrawing KRW 50 million from the deceased’s national bank account to KRW 350 million for personal use. This constitutes tort against the deceased, and the Defendant’s damage claim against the Defendant was inherited from the deceased’s total amount of KRW 1.5 million to the deceased’s 1.5 million, and the Defendant’s joint account was obligated to pay KRW 1.35 million in total to the Plaintiffs at one million and KRW 255 million to the deceased’s own account.
This constitutes embezzlement against the plaintiffs, who are co-inheritorss.
However, around May 23, 2001, the Defendant received land compensation of KRW 40,050,470, which was received by the Deceased on or around May 23, 2001, and received special profits therefrom. The Defendant, at the time of the Deceased’s death, received special profits exceeding KRW 55,215,304, which was active property at the time of the Deceased’s death, and KRW 40,50,470, which was the aggregate of KRW 95,265,774, which was 1/4 of the inheritance portion of KRW 23,816,443, which was 55,215,304.