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(영문) 서울중앙지방법원 2014.11.13 2014가합524723
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the parties and the Defendant, C, D, and E are five children of F, and F co-inheritors.

The F died in 2003.

B. 1) The Plaintiff, the Defendant, C, D, and E share inherited property after the death of F, and the national bank account in the name of the Defendant (hereinafter collectively referred to as “joint expense account”) in the name of the Defendant.

2) From May 28, 2004 to December 29, 2008, the amount of KRW 8.9 billion was spent for taxes related to inherited property, interest on the secured debt of the right to collateral security established on inherited real property, and other property management costs.

C. On October 29, 2003, the Plaintiff transferred KRW 28 million to the joint expense account under the Defendant’s name on October 29, 2003. 2) April 17, 2009, the Plaintiff Company I (hereinafter “I”).

(B) On April 17, 2009, I decided to distribute 700 million won to the Plaintiff, a shareholder, and transferred 592.2 billion won to the joint expense account in the name of the Defendant designated by the Plaintiff, after deducting 17.8 billion won in total of the income tax and resident tax, which are withheld.

3) On January 23, 2007, F owned 1/2 shares out of 657m2 J-dong, Seoyang-gu, Seoyang-si (hereinafter “instant real estate”).

B) After the death of F, the Plaintiff, the Defendant, C, D, and E agreed on the division of inherited property as follows. The content of the instant real estate was “D 2/10 shares out of the 1/2 shares of the instant real estate, and 1/10 shares of the Plaintiff, the Defendant, and C, respectively.” C) was expropriated in the Korea National Housing Corporation on December 27, 2006 in accordance with the procedure for consultation on the acquisition of public land.

The plaintiff, the defendant, C, and D acquired compensation for expropriation of one-half shares of the real estate of this case, and the defendant is entitled to compensation for expropriation equivalent to one-half shares of each of them.

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