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(영문) 서울고등법원 2015.04.16 2014나47773
구상금 등
Text

1. The Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit and the Defendant (Counterclaim Plaintiff)’s extension from the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On January 27, 1948, the deceased C (hereinafter “the deceased”) married with D on January 27, 1948, and left E/F as his/her child. Since D died on September 10, 1953, G and the Plaintiff and the Defendant were born, and died on January 18, 2009 after having divorced with G on March 6, 1990.

The Plaintiff was transferred from E on October 4, 2010 the inheritance shares (1/4 shares) of the deceased’s property.

At the time of the deceased’s death, the deceased held each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “H building,” and each real estate listed in Nos. 3 and 4 as “I building,” collectively referred to as “each building of this case” and the Korea Cyti Bank (hereinafter referred to as “Cyti Bank”) and the 1,771,035,105 won (as of April 2, 2009) in total of deposit claims against the Korea Stock Exchange (hereinafter referred to as “IB”). However, under an agreement between the Plaintiff and the Defendant, the deceased used the total deposit amount of the deceased and the inherited property of the deceased at the time of the adjudication on the division of inherited property, the inherited property of the deceased remains only as indicated in the separate sheet.

On May 11, 2009, the Plaintiff filed a petition with the Defendant and F for an adjudication on the division of inherited property [the Seoul Family Court 2009 Ma777, 2010 Mahap147, 2010 Mahap219 (Joint)]. On December 27, 2011, the said court rendered a decision on the division of each real estate owned by the Defendant in excess of his/her statutory share of inheritance (5,72,326,236) (8,877,777,773,417). The Plaintiff excluded the Defendant from the actual distribution of inherited property; the Plaintiff’s final share of inherited property was determined as KRW 9,509,463,320, and F’s final share of inherited property was determined as KRW 4,812,307,879, and H building was determined as the Plaintiff’s ownership of each real estate listed in the list Nos. 5 and No. 7 of the I building and the list No.7.

The plaintiff and F appealed against this, but the appellate court [Seoul High Court 2012B16, 2012B17, 2012B18(combined), and 2012B18(Recompetence)] made on January 2, 2013.

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