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(영문) 서울중앙지방법원 2013.11.27 2011가단464649
구상금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,396,879, respectively, to the Plaintiff (Counterclaim Defendant) and the amount from March 16, 2013 to November 2013.

Reasons

1. Basic facts

A. The Plaintiff is the E’s spouse, and the Defendants were born between E and F (Death on November 7, 1988), and upon the death of E on October 6, 2009, jointly inherited the property of the deceased E (hereinafter “the deceased”).

B. Defendant B and C filed a claim against the Plaintiff and Defendant D for the adjudication on the division of inherited property with the Seoul Family Court 2010-Ma130, the Seoul Family Court (Seoul Family Court 2010-Ma229). The Plaintiff filed a claim against the Defendants for the adjudication on the determination of the contributory portion and the division of inherited property. In the adjudication on May 11, 2011, the above court did not accept the Plaintiff’s claim on the determination of the contributory portion. ① In the adjudication on May 11, 2011, the lower court determined the Defendants’ specific contributory portion amounting to KRW 466,406,385 (i.e., the value of deemed inherited property x statutory inheritance x KRW 2/9), the Plaintiff’s specific contributory portion amounting to KRW 336,109,578 (i.e., the value of inherited property x statutory inheritance x KRW 363,50,000).

C. The Plaintiff filed a lawsuit against the Defendants seeking co-owned property partition of the instant apartment as Seoul Central District Court 2012Gahap1196, and according to the decision of the above court’s recommendation for reconciliation, the Plaintiff transferred the Plaintiff’s co-owned share to the Defendants and completed the registration of ownership transfer around March 15, 2013.

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