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(영문) 서울중앙지방법원 2016.10.27 2015가단5139267
양수금
Text

1. G: (a) KRW 12,00,000, out of KRW 200,000 deposited by the Department of Incheon District Court Branch on August 31, 2015 as gold 2551 in gold 200,000.

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) was a child of the Plaintiff, the Defendants, and the Intervenor, and died on December 12, 2013.

B. At the time of death, the Deceased had a claim for refund of deposit money of KRW 200 million to G (hereinafter “instant claim”) and a deposit claim of KRW 360 million to the National Bank ( KRW 370,897,291) regarding J apartment 411, 1003, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant claim”) with respect to G.

C. On December 30, 2013, the Plaintiff reported the renunciation of inheritance to renounce the inheritance of the inheritee’s property as the father- branch court of the Incheon District Court 2013 Ma1291, and the said court accepted the Plaintiff’s renunciation of inheritance on January 21, 2014.

[Plaintiff’s assertion that the above report of renunciation of inheritance is invalid due to Defendant B’s coercion, but there is no evidence to acknowledge it, and Defendant C’s claim for division of inherited property and contributory portion (2014Dhap22) against other siblingss, and it can be acknowledged that the Plaintiff was not dissatisfied with the above court’s decision that the status of inheritor is not recognized by refusal of inheritance in accordance with legitimate procedures. Thus, the Plaintiff’s above assertion is rejected.

The defendants find all of the above deposits, and among them, 3.3 million won, 6 million won, including the plaintiff, shall be 5.5 million won, and the remaining amount shall be used for the deceased's production costs, taxes and public charges while being kept by the defendant E.

E. On February 21, 2014, the successors of the deceased, except the Plaintiff, held a consultation on the division of inherited property with a view to dividing the remainder by 1/5,000, after paying KRW 60 million to Defendant C at the cost of his/her residence (the distribution on February 21, 2017), from KRW 200,000,000, which is the remainder of the inheritee’s inherited property (the remainder of the inheritee’s inherited property).

An intervenor is about the division of inherited property without being aware of the content as a deaf-mute.

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