logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.28 2019가단512474
상속재산분할대금반환(부당이득)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The deceased C, in marriage with D, had E, Defendant, and Plaintiff as his child, and died on November 23, 2017, and succeeded to D, E, Defendant, and Plaintiff.

The Defendant filed a claim for adjudication on the division of the contributory portion and the inherited property against Suwon District Court Decision 2018Rahap514, and the following conciliation was concluded on February 11, 2019 in the above procedure.

1. The inherited property listed in the [Attachment C] List of the decedent C shall be divided as follows:

Attached Form

Schedule 1 to 5, each of the real property listed in paragraphs 1 to 5, 6

(a)bed;

subsection (1),

(o)each deposit claim described in paragraphs (i) through (t) and (g), each claim for return of cancellation of insurance and termination of a refund referred to in paragraph 7, and each claim for return of investment referred to in paragraph 8 shall be

B. The deposit claim in the attached list No. 9 is divided into the defendant's ownership.

C. Attached List No. 6

(e)bee;

Each deposit claim described in paragraphs (1), (j), (l) and (d) shall be divided as owned by E.

Attached Form

6-i.e. list No. 6-

Each deposit claim described in paragraphs (1), (k), (m), (n), and (n) shall be divided as owned by the plaintiff.

2. The defendant and D waives their respective claims for the remaining contributory portion.

3. The costs of lawsuit and the costs of mediation shall be borne respectively;

However, the defendant is in accordance with the agreement with E, the plaintiff, and D on June 8, 2018, which is continuing the above procedure.

The inheritance tax imposed on the heir was paid by withdrawing the deposit stated in the paragraph.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 6 (including documentary evidence with a serial number), and the plaintiff's assertion of the purport of the whole pleadings, the defendant is a person set forth in the attached list No. 6 of June 8, 2018.

Although a withdrawal of KRW 50 million from the port account, the Plaintiff did not delete the said account from the list of inherited property, and thus, the Plaintiff was divided into inherited property, the balance of which is a deposit claim of KRW 0.0 million.

Accordingly, the defendant has obtained profits equivalent to 50 million won which the plaintiff failed to withdraw without any legal ground, and the plaintiff suffered losses equivalent to the same amount.

Therefore, the defendant is against the plaintiff.

arrow