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(영문) 부산지방법원 2015.10.16 2014가단19543
상속금반환
Text

1. Of the instant lawsuit, the portion of the claim for the loans for interior expenses shall be dismissed.

2. The defendant 4,883. The defendant is about 44,883.

Reasons

1. The Plaintiff’s assertion C (hereinafter “the deceased”)’s death inherited 1/2 and the Plaintiff and D’s 1/2. The Defendant is obligated to pay KRW 130,000,08,300, the lease deposit of the deceased’s property, KRW 280,000, Busan Bank deposit of the Bank, Nonghyup Bank deposit of KRW 31,056,184 (including interest), and KRW 2,80,000,000,000, borrowed from the deceased from the deceased to the purchase of real estate, and KRW 10,000,000,000 borrowed from the deceased with the purchase of real estate. As such, the Defendant did not explicitly claim for the above loan due to inheritance, the Defendant is obligated to pay the Plaintiff the total amount of KRW 130,864,484,12/122 of the claim due to the foregoing reasons.

2. The Plaintiff asserted that the deceased lent KRW 10 million to the Defendant at his interior cost, and sought a payment of the amount equivalent to that 1/2. However, the date of the occurrence of the loan claim is not specified at all until the date of the closing of the argument in this case.

Therefore, this part of the lawsuit in this case is unlawful as it does not specify the cause of the claim.

3. Determination on the merits

A. 1) The Deceased died on October 2, 2012, and succeeded to the property of the Plaintiff and D, who is a siblings, one-half of his/her property. The Defendant, as a scarb of the Deceased, was the deceased’s wife. 2) At the time of the Deceased’s existence, the Deceased leased the F’s housing located in Busan-gu, Busan, under the name of the Defendant, with the lease deposit of KRW 19 million. After the Deceased’s death, the Defendant returned the lease deposit of KRW 19 million from E on October 25, 2012.

3) After the death of the Deceased, the Defendant withdrawn KRW 4 million from the Busan Bank’s deposit account (G) in the name of the Defendant, and KRW 31,056,184 from the Nonghyup Bank’s deposit account (H). 4) The Deceased’s purchase of real estate in the name of the Defendant around 2005.

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