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(영문) 부산가정법원 2017.9.26.자 2016느합200027 심판
상속재산분할
Cases

2016Dives 20027 Division of Inherited Property

Claimant

A (Woo 1949 et al.)

2. Address;

Attorney Lee Do-young

Other Party

1. B (the life in 1935, the female);

Busan Address

2. Sick (Sick, 1941)

Busan Address

3. A refining (1944years, women)

Address Gyeong-nam

4. Non-existent (Law No. 1959, No. 1000)

Busan Address

5. Flag (Flag 1960)

Address Jinju City

6. Rabs (Law No. 1963, No. 500)

Busan Address

7. Newly Inserted by Act No. 1969>

Busan Address

Imposition of Judgment

September 26, 2017

Text

1. Determination of 25% of the claimant’s contributory portion in respect of inherited property of this deceased deceased person (1952 children, South Korea) as 20%.

2. The real estate listed in the separate sheet No. 1 and each deposit stated in the separate sheet No. 2 shall be divided into the claimant's own possession.

3. The claimant shall pay 149, 072, 419 won, 37, 268, 104 won, and 5% interest per annum to the other party Eul, Byung, and Jung, with respect to each of the above amounts, 149, 072, 419 won, 37, 268, 104 won, and 104 won, respectively, from the day following the day this ruling becomes final to the day of full payment.

4. Of the costs of appraisal, the costs of appraisal shall be borne by the claimant, counterpart B, C, C, and C, each of 4/20 of the fixed costs, by the other party, 1/20 of the fixed terms, 1/20 of the fixed terms, 1/20 of the fixed terms, and the remainder except for the appraisal costs shall be borne by each party.

Purport of claim

The contributory portion of the claimant for the inherited property of 00 (hereinafter referred to as "the inheritee") shall be determined by 50%. The claim shall be divided into two real estate listed in the separate sheet No. 1 (hereinafter referred to as "each of the real estate of this case"). The claim for payment of the deposit money listed in the separate sheet No. 2 list No. 58, 274, 213, 233, 096, 850, 58, 274, 233, 850, 30, 300, 500, 400, 500, 500, 500, 500, 500, 500, 500, 14, 56, 50, 568, 53, 563, 563, 506, 56, 60, 50, 205, 50, 50, 6,

Reasons

1. The confirmation of the inheritor and statutory inheritance shares;

(a) The date of death of an inheritee: July 13, 2015;

(b) Family relations of the inheritee;

(1) A spouse: No spouse;

(2) No lineal descendant:

(3) Lineal ascendants: deceased 00 (Death, 1958), deceased Mag Kim00 (Death, 2006)

(4) brothers and sisters: appellant, deceased * (2012.) and as his lineal descendant, the other party, the flag, the police police officer, and the police officer:

J. B. E. H. H.) The other party B, C. H.

(c) Succession and statutory shares in inheritance;

The claimant and the other party are co-inheritorss of the inheritee, and their statutory shares in inheritance are 4/20 shares in each claimant, counter-party Eul, Byung, and 5/20 shares in each of them, and 1/20 shares in each of the other parties' non-party, flag, light, and faith.

[Grounds for recognition] Gap evidence Nos. 1 and 2, the purport of the whole examination

2. Scope of inherited property subject to division;

A. According to the overall purport of Gap's evidence 3 to 7 (including numbers; hereinafter the same shall apply), Eul's evidence 1 to 8, and this court's above court's **** the result of the market price entrustment to the appraiser's office, and the whole examination, the real estate of this case held at the time of the death of the decedent and the deposit money listed in the list 2 to 3 to 50 won (hereinafter the "each of the deposits of this case") are divided into inherited property. The sum of the values is = 993, 816, 130 won [ = 759, 258, 630 won (total sum of the values of each of the real estate of this case) + 234,57,500 won (total sum of each of the deposits of this case).

B. On this ground, the claimant asserts that the aggregate of the value of each of the real estate of this case should be KRW 766, 425,580 as the claimant repair part of each of the real estate of this case and raised its value. However, there is no evidence to acknowledge this, the claimant's above assertion is without merit. 3. The claimant's assertion is without merit.

In light of the following circumstances acknowledged by the purport of Gap evidence Nos. 10 through 15 and the overall purport of the examination, namely, the decedent was suffering from walking disability around April 2012 and was diagnosed by a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics, around November 2012, the claimant provided care to the decedent from around July 13, 2015, as well as managing the decedent’s property until the decedent’s death. In addition, it is reasonable to deem the claimant specially supported by the decedent.

4. Calculation of specific shares of inheritance;

A. Deemed inherited property (hereinafter the same shall apply) = Inherited property - contributory portion + Special benefit (in this case, there is no special benefit between the claimant and the other party)

(b) specific shares of inheritance;

(1) Legal share in inheritance = Each legal share in inheritance by inheritor X in total deemed inherited property.

(2) Specific shares of inheritance = Amount of statutory shares of inheritance by inheritor + Amount of contributory portion by inheritor.

5. Method of partition.

A person shall be appointed.

In light of the purport that the claimant wishes to own each of the real estate of this case independently, the other party Byung, the consent thereto, and the method by which the claimant owns each of the real estate of this case and the deposit money and to settle the specific share of inheritance in cash to the other party does not seem to be particularly unreasonable, and that there is a serious dispute between the claimant and the other party, flag, light, and faith over the inherited property, and there is a need to settle the dispute of this case one-time, it is reasonable for the claimant to divide each of the real estate of this case into the method by which the claimant independently owns each of the real estate of this case and deposit money and the amount of the specific share of inheritance to the other party in cash.

6. Conclusion

Therefore, each of the real estate and the deposit money of this case shall be divided into the claimant's own possession by the claimant, and the claimant shall judge the other party Eul, Byung, and Byung as to 149, 072, 419 won without the other party, 37, 268, 104 won, and each of the above money shall be paid to the other party Eul, Byung, and Jung, with the rate of 5% per annum under the Civil Act from the day following the day this judgment becomes final to the day of full payment.

Judges

Judges of the presiding judge;

Judges already appointed

Judges Lee Jae-chul

Site of separate sheet

Attached Table 1

List

A person shall be appointed.

Attached Table 2

List

1. Deposit number: Changwon District Court Jinju Branch No. 000 for 2015, depositor: Sacheon-si, and person under deposit:

00. Deposit, 233, 096, 850 won

2. Deposit number: Changwon District Court Branch Branch No. 0000 of 2015, depositor: Sacheon-si, and depositor.

:00. Deposit : 1,460,650. End.

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