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(영문) 대구지방법원상주지원 2016.11.23 2016가단8236
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The plaintiff bears the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is an infant of Nonparty deceased C (Death on August 26, 2012).

B. On October 16, 2012, the Plaintiff filed a lawsuit seeking payment (hereinafter “the first-related lawsuit”) against Non-Party D by Seogu District Court Decision 2012Da30391 Decided October 16, 2012, where the Plaintiff had a claim for a loan against Non-Party D as to Non-Party D’s loan, and his/her own inheritance, even if he/she did so.

C. On June 2, 2014, the Defendant filed a lawsuit seeking payment against the Plaintiff, the heir of the Daegu District Court, as the resident support of 2014Kadan1972 (hereinafter “instant lawsuit”).

On August 19, 2014, the Plaintiff filed an application for approval of inheritance limited status with the resident stay support of the Daegu Family Court 2014Ra174, and the above court made a decision of citing this on September 4, 2014. The list reported by the Plaintiff as the active property of C is as shown in the list of inherited property attached hereto.

E. On October 1, 2014, the first related litigation division accepted the Plaintiff’s assertion, and rendered a judgment that “D shall pay to the Plaintiff KRW 60,000,000 and damages for delay thereof.” Accordingly, D appealed appealed under the Daegu District Court Decision 2014Na30491, but the judgment dismissing the appeal became final and conclusive around that time.

F. In addition, on February 13, 2015, the second-related litigation division rendered a judgment that “the Plaintiff shall pay KRW 18,511,870 to the Defendant within the scope of the inherited property from C, and any delay delay damages therefrom,” and the said judgment became final and conclusive at that time.

G. (1) On July 27, 2005, the Plaintiff is the owner who completed the registration of ownership transfer based on the sale by voluntary auction on July 18, 2005 with respect to each real estate listed in the separate sheet on July 27, 2005. (2) The Defendant is the owner who completed the registration of ownership transfer based on the sale by voluntary auction on July 18, 2005. (2) On January 6, 2016, the final and conclusive judgment in the lawsuit related to

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