소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 8, 2004, the network C sold D Apartment No. 103 Dong 1302, which is one of its own possession, to E.
B. The deceased C (hereinafter “the deceased”) died on September 23, 2015, and the Defendant is the deceased’s children.
C. From around 1962, the deceased received the pension of a person who rendered distinguished services to the State.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2, 3, 4, and 6, each of 1, 2, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. On December 2, 1993, the Deceased sold the instant apartment and commercial building in Busan-gun, Busan-gun, 103 Dong 1302 (hereinafter “the instant apartment”) and the non-dong 102 shop located in the said apartment complex (hereinafter “instant commercial building”). From around 2003, the Deceased purchased the instant apartment and commercial building in Busan-gun F and 204 (hereinafter “the instant apartment”) and the land outside G and 6 land (hereinafter “the instant land”) located in the said apartment complex from around 2003, the Deceased purchased the instant apartment and commercial building from around 204 to the price therefor.
Around 2004, the issue was that the plaintiff disposed of the apartment and commercial building of this case owned by the deceased, and the defendant would pay the plaintiff the amount equivalent to the inheritance share among the proceeds from the disposal of the apartment and commercial building of this case.
Therefore, the defendant is obligated to pay to the plaintiff 23,289,740 won and damages for delay equivalent to the inherited portion (1/2) out of the proceeds from the disposal of the apartment and commercial building in this case 46,579,480 won.
B. From May 2004 to September 2015, the Defendant received on behalf of the Deceased total of KRW 380,364,400, including pension and injury compensation for the deceased, from around May 2004 to around September 2015.
Therefore, the defendant should pay to the plaintiff 190,182,200 won equivalent to the plaintiff's share of inheritance (1/2) among the 380,364,400 won and damages for delay.
C. The defendant shall be 46,579,480 won and persons who rendered distinguished services to the State for the disposal of the apartment and commercial buildings in this case.