logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.09.30 2015가단23140
대여금
Text

1. Defendant E pays KRW 8,400,000 to the Plaintiff within the scope of the property inherited from the net F.

2...

Reasons

1. In full view of the purport of Gap evidence Nos. 1 and 3 as to the cause of the claim and all the arguments, the plaintiff transferred 20,000,000 won to the account in the name of G around October 2, 2008, and 4,000,000 won around December 18, 2008, and 1,000,000 won around December 19, 2008; and 2,00,000,000 won around December 30, 2008; and 10,000,000,000 won around October 27, 2010 to the account in the name of G; and in addition, the plaintiff transferred the total amount of KRW 9,00,000 to the defendant E account around October 27, 2010 to the co-inheritors who died.

2. Determination as to the Defendants’ assertion, while comprehensively taking account of the entries in the evidence No. 1 and the overall purport of the pleading No. 1, Defendant B, C, and D reported each renunciation of inheritance (Seoul Family Court Decision 2015Nu8259), and Defendant E accepted the above declaration on October 22, 2015, and Defendant E filed a report on the refusal of inheritance on September 1, 2015 (Seoul Family Court Decision 2015Do8260). Accordingly, it was recognized that the above report was accepted on October 22, 2015, and thus, Defendant B, C, and D did not succeed to the Plaintiff’s obligation, and Defendant E inherited the obligation within the scope of the inherited property.

Therefore, the Plaintiff’s claim against Defendant B, C, and D is without merit, and it is reasonable to order the Plaintiff’s claim against Defendant E to be implemented within the scope of the property inherited by Defendant E within the scope of the purport of the claim.

3. The plaintiff's claim against the defendant B, C, and D is dismissed as it is without merit. The plaintiff's claim against the defendant E is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow