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(영문) 창원지방법원밀양지원 2020.07.22 2020가단10567
보관금
Text

1. The defendant shall pay 83,142,857 won to the plaintiff and 12% per annum from February 27, 2020 to the day of complete payment.

Reasons

1. On February 20, 2016, the Defendant inherited the inherited property with three-seven shares and two-seven shares of the Plaintiff. The Defendant, as the legal representative of the Plaintiff, managed the inherited property on May 27, 2016, sold the inherited property to D on May 27, 2016, the amount of KRW 1014 cubic meters from the Sinnam-gun, Gyeongnam-gun, Kim Chang-nam, and the amount of KRW 454 cubic meters from the purchase price of KRW 207,00,00,000 from the Republic of Korea. ② on December 30, 2016, the amount of KRW 1/284,00 from the amount of KRW 157,00,000 from the amount of KRW 1,00,000,000 from the amount of KRW 1,000,000 from the amount of the Plaintiff’s legal representative and KRW 1157,00,000.

Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiff the share of the plaintiff's plaintiff's custody among the above 291,000,000 won (291,000,000 x 2/7, and less than won) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 27, 2020 to the day of complete payment, which is the day following the delivery of the copy of the complaint of this case.

2. The defendant's assertion is alleged to the purport that the amount of the secured loan was repaid with the above purchase price, and KRW 87,400,000,000 out of the remaining amount was deposited to the plaintiff's assistance team, etc., so there is no specific assertion about the amount of the loan repaid, and unless there is no ground to evaluate that the amount of the loan paid to the plaintiff's assistance team, etc. was paid to the plaintiff, the above argument by the defendant cannot be accepted.

In addition, even though the Plaintiff received a provisional attachment order for real estate owned by the Defendant as the Jinwon District Court Branch Branch 2019Kadan1028 to preserve the claim identical to the instant case, the Defendant had already deposited KRW 80,571,428 for the revocation of the execution of the provisional attachment, it is unreasonable to seek double payment again.

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