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(영문) 제주지방법원 2016.08.16 2015가단17950

현금유산

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of transfer of ownership was completed on March 15, 2007 in the name of F and G on March 15, 2007 with respect to the two parcels of land, including D, Jeju-si, Jeju-si, Jeju-si, 2,539 square meters and E, 3,081 square meters (hereinafter “each parcel of land”).

B. C as an heir on September 12, 2013, died after being left behind H, Plaintiff, I, J, Defendant, K, and L, each of whose children were their children.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, Gap’s evidence 3, Gap’s evidence 4, Eul’s evidence 13 and the purport of the whole pleadings

2. The Plaintiff asserts that the cause of the claim is the cause of the claim of this case, and the land of this case was originally donated to the Plaintiff. The Defendant sold each of the land of this case together with the Plaintiff and then released and used all of the sale amount of KRW 165,00,000 from the deposit account in the name of C at the time of death of C, and thus, the Defendant is obligated to pay KRW 165,00,000 to the Plaintiff.

However, only the descriptions of Gap evidence 2 to 4, Gap evidence 19, and Gap evidence 22, Eul decided to donate each of the lands of this case to the plaintiff.

or the defendant and C sold each of the lands of this case without knowledge of the plaintiff

It is insufficient to recognize that the Defendant used the selling price of each of the instant lands, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion on a different premise is without merit.

3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.