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(영문) 수원지방법원 성남지원 2017.01.10 2016가단208807
상속채무금 등 청구의 소
Text

1. The Defendants: KRW 13,657,142 for each of the Plaintiff A, KRW 2,857,142 for each of the Plaintiff B, and KRW 2,285,714 for each of the Plaintiff C, and Plaintiff C.

Reasons

1. Facts of recognition;

A. After marriage with A on July 16, 1982, the network H born the Defendants, and the agreement was reached on December 23, 2003.

B. On March 15, 2011, the deceased E and the deceased on December 28, 2012.

The deceased H’s heir is the Plaintiff E and the Defendants, the wife, and the inheritance shares are 3/7 of the Plaintiff E and 2/7 of the Defendants.

C. The deceased H and the Plaintiff E completed the registration of ownership transfer on October 1, 2009 with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) by the Chuncheon District Court No. 57435, Nov. 5, 2009, as to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”).

Plaintiff

E took out a loan of KRW 100 million from the Namsan Agricultural Cooperative, and completed the registration of creation of a mortgage with the Chuncheon District Court No. 45040, Sept. 20, 2012 regarding each of the instant real estate as the maximum debt amount of KRW 143,00,000, and as the remaining agricultural cooperative of the Namsan Agricultural Cooperative.

E. On October 4, 2012, the network H completed the respective transfer registration of shares on each of the instant real estates (hereinafter “each of the instant shares”) on October 4, 2012, under the receipt of the District Court No. 46783, Oct. 4, 2012.

F. At the time of the deceased H’s death, active property did not exist, and the Defendants did not receive a gift or testamentary gift from the deceased.

G. From December 28, 201 to December 27, 2012, the network H and Plaintiff E borrowed a total of KRW 100,800,000 from the persons eight times in the name of the net H’s cancer treatment costs and living expenses, as indicated below.

Plaintiff

In the lawsuit between E and the Defendants on the claim for the return of legal reserve of inheritance (hereinafter “previous lawsuit”), the amount of the debt was recognized as the inheritance obligation of the deceased H, which became final and conclusive thereafter.

(Chuncheon District Court Decision 2013Na10966 (the original creditor 20,000,000 A on February 27, 2012, 201, 20,000 A 3, 30,000 on April 11, 2012, 200 A 4. 8,000,000 I 5,500,000 on May 8, 2012, 200,00 C66 on June 27, 2012;

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