유류분반환 등
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Basic Facts
The plaintiff is a child of the deceased C (hereinafter referred to as "the deceased"), and the defendant is a person who remarrieds with the deceased and is the plaintiff's leader, and D is a child born between the deceased and the defendant.
On July 18, 2008, in relation to the Dongdaemun-gu Seoul Metropolitan Government F Apartment G (hereinafter “the instant apartment”) owned by E, the ownership of D and the Defendant each 1/2 equity shares became complete on the grounds of “trade on May 29, 2008.”
On September 9, 2008, the net deposited KRW 5,249,260 (hereinafter “the instant deposit”) from the investment securities account to the Defendant’s deposit account.
On August 23, 2011, the Deceased died (as his heir, the Plaintiff, the Defendant, and D). On October 4, 2011, the Deceased’s ownership had been terminated on the ground of “the inheritance by consultation division on August 23, 2011,” and thereafter, the Defendant resided in the said building on the ground that “the instant real estate” was “the inheritance by the division of consultation.”
The Defendant sold the instant real estate to I on January 9, 2020, and completed the registration of ownership transfer on March 6, 2020.
Since then, the defendant paid 20 million won out of the sale price of the above real estate to the plaintiff.
【In the absence of any dispute over the grounds for recognition, the entries in Gap evidence Nos. 1 through 5 (including numbers if there are several numbers), the order to submit financial transaction information in relation to the issue of deposit in Korea of this court on Nov. 26, 2020, and the agreement was made between the plaintiff and D that "on Oct. 201, the main point of the plaintiff’s argument as to the overall purport of the pleading, which is after the death of the plaintiff, the main point of the plaintiff’s argument as to the whole, the defendant shall be the sole name of the defendant, and if the real estate is sold thereafter, the sales price shall be divided according to their respective legal shares in inheritance."
The instant real estate was sold at KRW 1.8 billion on January 9, 2020, and according to the agreement, the Defendant calculated according to the Plaintiff’s statutory share of inheritance out of the sales price.