보관금
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. C purchased 992 square meters of Dayang-si, Mayang-si on February 21, 1990, and completed the registration of ownership transfer on March 7, 1990 in accordance with the title trust agreement.
B. On February 4, 2008, the said paddy field 992 square meters was replaced by F. F. 231.5 square meters and G. 230.8 square meters in sealed cities under the Land Readjustment Project Act.
(hereinafter referred to as the “instant land” without distinguishing between the 992m2 and the above 231.5m2 and 230.8m2.
C The deceased on May 30, 199 (hereinafter “the deceased”) and on May 30, 199, as bereaved family members, P, I, J, R, RK (Death on May 1, 201), L, M, and Defendant (hereinafter “the deceased”).
E on August 23, 2017, sold to N andO KRW 364,00,000 in total for the instant land, and completed the registration of ownership transfer on September 20, 2017, and KRW 80,000,000 among them received KRW 325,000,000 for I, 40,000 for each payment to J, 40,000,000 for each payment to L, and the remainder of KRW 165,00,000 for the Defendant was paid to the Defendant.
The difference between KRW 364,00,000 and KRW 325,000,000, which is the sum of the purchase price of the instant land indicated in each of the registration items on the instant land (No. 3,000,000, which is the amount received by E, appears to be due to the receipt of the amount obtained by deducting the amount of the secured debt for the registration of creation of a neighboring mortgage on the land of KRW 230.8,00,00, G 2308,
E. The Plaintiff, as the deceased K’s spouse, succeeded to the deceased K’s property solely.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The plaintiff's assertion and judgment as to the plaintiff
A. The Plaintiff’s assertion 1) The primary claim is the deceased C’s inherited property. As such, the Defendant is obligated to pay to the Plaintiff, the deceased K’s heir, the amount of KRW 42,823,529 (=364,00,000 x 2/17, and less than KRW) equivalent to the deceased K’s inherited property out of the sales price of the instant land of KRW 364,00,00,000, and damages for delay thereof (i.e., KRW 364,000 x less than KRW 2/17) and the damages for delay.