소유권이전등기말소등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. D (hereinafter “the deceased”) died on February 13, 2009, and his heir is the Plaintiffs, Defendant, E, and F.
B. The registration of ownership transfer was completed to the Defendant on the ground of “donation on October 11, 2006,” with respect to the real estate listed in [Attachment List Nos. 1 to 4 owned by the Deceased. D. The registration of ownership transfer was completed to the Defendant on the ground of “the legacy on February 13, 2009,” with respect to the real estate listed in [Attachment List No. 5 to 1006, which was owned by the Deceased.”
At the time of death, there was no inheritance obligation against the deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 10, Gap evidence 12, Gap evidence 43 (including each number), the purport of the whole pleadings
2. Judgment on the main claim
A. Since the Defendant alleged the Plaintiffs infringed the Plaintiffs’ share of inherited property, the Defendant is obligated to return the inherited property corresponding to each of the 1/5 shares of the Plaintiffs’ share of inherited property to the Plaintiffs on the grounds of inheritance recovery.
(1) Since the Deceased donated or bequeathed each real estate listed in the separate sheet by brain disease or coercion of the Defendant to the Defendant under his/her capacity to perform his/her duties, it is all null and void. Accordingly, each of the above real estate should be included in inherited property.
(2) In addition, from around 1997 to the time of the deceased’s death, the Defendant had been in practical management of the deceased’s deposit account. During the above period, the sum of the money withdrawn by the Defendant from various bank accounts of the deceased reaches KRW 10,559,097,798, and among them, the sum of KRW 8,087,629,640 ( KRW 10,559,097,797,798 - KRW 2,471,468,358) excluding the sum of KRW 2,471,468,358, and the sum of the money deposited by the Defendant to the deceased’s account 8,087,64,539,92 (excluding KRW 723,539,448,00,087,629,40,740,739,439, and 484) should be regarded as embezzlement money of the deceased.