(영문) 서울고등법원 2020.01.08 2019나2025347

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(영문) 서울고등법원 2020.01.08 2019나2025347

상속회복청구

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1. The part against the plaintiff in the judgment of the first instance is revoked.

2. The part of the claim filed by the plaintiff which is extended by the court.

Reasons

1. Basic facts

A. The Defendant is the legal spouse of D who died on March 21, 2016 (hereinafter “the deceased”) and the deceased who completed the marriage report on January 12, 2015.

The plaintiff is the father of the deceased, and L was not registered as the mother or mother in the family relation register.

B. On October 17, 2014, the Deceased and the Defendant concluded a lease agreement with K to KRW 340,00,000 (hereinafter “instant lease deposit”) and to December 16, 2016 from December 17, 2014 to December 16, 2016 (hereinafter “instant lease agreement”).

C. The Defendant received 240,000,000 won from K out of the lease deposit of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff prepared the full amount of the lease deposit of this case and gave it to the Deceased, and the Deceased held the title trust of 1/2 of the rights to return the lease deposit of this case by designating the Defendant as the joint title holder of the lease contract of this case in order to guarantee the right to preferential payment.

Therefore, the claim for the refund of the lease deposit of this case is the inherited property of the deceased.

On the other hand, the defendant renounced inheritance on April 2016, and agreed with the plaintiff and L to the effect that the plaintiff succeeds to all inherited property of the deceased.

Nevertheless, the defendant received 240,000,000 won out of the lease deposit of this case from K and infringed the plaintiff's inheritance right.

Therefore, the defendant is obligated to pay the above KRW 240,000 to the plaintiff.

B. Even if the Defendant, the Plaintiff, and L did not have reached such an agreement, the deceased’s inherited property should be recognized as the Plaintiff’s contributory portion in light of the circumstance where the deceased’s inherited property was formed.

Therefore, the defendant.

유사 판례

-서울고등법원 2020.01.08 2019나2025347

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