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(영문) 서울서부지방법원 2019.11.12 2018가단207321
상속회복청구등
Text

1. Defendant (Counterclaim Plaintiff) C: (a) KRW 2,517,199 for each of the Plaintiff (Counterclaim Defendant) and KRW 4,061,136 for each of the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 21, 1980, the network E was married with F on February 21, 1980, and was married with F on December 6, 1985, and was married with Defendant C on November 2, 1987.

The network E died on March 11, 2017

(hereinafter referred to as “the deceased”). (b)

The Deceased and Defendant C purchased G Apartment H from Mapo-gu Seoul Metropolitan Government (hereinafter “instant apartment”) in 218,436,00 won and completed the registration of ownership transfer on the ground of sale with 1/2 shares on December 18, 2003, respectively. After the Deceased’s death, the Plaintiffs and the Defendants completed the registration of ownership transfer on August 21, 2017 in proportion to their shares owned by the deceased’s inheritance.

C. On July 25, 2016, the Deceased deposited in the National Bank Account (Account Number I) account, and on October 4, 2016, deposited KRW 42 million and KRW 5.8 million deposited from the National Bank Account (Account NumberJ) account on July 25, 2016, the Deceased gave to Defendant C around that time.

On September 28, 2016, the Deceased deposited KRW 100 million in the National Bank Account (Account Number K), but terminated on October 4, 2016. On the same day, the Defendant C opened the National Bank Account (Account Number L) and deposited KRW 100 million.

On November 4, 2016, the Deceased donated KRW 34,000,000 to Defendant D for purchase of cars. On March 12, 2016, Plaintiff B spent KRW 94,401,360 in total with deposit for Jeonsesety, marriage expenses (e.g., wedding, wedding expenses, etc.) at the time of marriage.

E. From March 12, 2017 to April 14, 2017, Defendant C transferred KRW 11,327,396 in total from the Deceased’s National Bank Account (Account NumberJ) to Defendant C’s Nong Bank Account. On March 14, 2017, Defendant C transferred KRW 1,330,000 from the Deceased’s National Bank Account to Defendant D’s Nong Bank Account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, and purport of the whole pleadings

2. The parties' assertion

A. After the death of the Plaintiffs 1 deceased, Defendant C shall be KRW 11,327,396 and Defendant D shall be.

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