정산금 청구
1. The plaintiff's primary and conjunctive claims that are changed alternatively in this court are all dismissed.
2. Action.
1. Basic facts
A. C (hereinafter “the deceased”) died on March 21, 2016.
On January 12, 2015, the Plaintiff was the legal spouse of the Deceased who completed a marriage report with the Deceased.
The defendant is the father of the deceased, and E was not registered as the mother or mother in the family relation register.
D is a person who has been registered as the mother of the deceased in the family relations register.
B. At the time of death, the Deceased owned the fourth floor H of the G Apartment on the ground (hereinafter “instant apartment”) on three lots, including Seocho-gu Seoul, Seoul, which is worth KRW 758 million at the market price, as active property at the time of death.
In addition, the Deceased leased the lease deposit amount of KRW 340 million from N on October 17, 2014 with the Plaintiff at the time of death (However, there is a dispute between the Plaintiff and the Defendant as to each specific claim amount of the deceased and the Plaintiff; hereinafter “the claim to return the lease deposit amount of this case”).
On the other hand, on November 4, 201, the Deceased leased the instant apartment to R with the lease deposit amounting to KRW 330 million or KRW 430 million (in a dispute between the Plaintiff and the Defendant as to the amount of the claim, there is a dispute between the Plaintiff and the Defendant) and assumed the obligation to return the said lease deposit with the small property.
C. After the death of the deceased, the Plaintiff issued his seal imprint, certificate of personal seal impression, etc. to the Defendant’s father and the deceased’s wife and the deceased’s wife.
On June 14, 2016, the Defendant prepared a written agreement on division of inherited property (No. 4; hereinafter “instant agreement on division of inherited property”) under the name of the Plaintiff, Defendant, and D that “the instant apartment shall belong to the Defendant,” which received the foregoing seal imprint, etc. from M, and signed and sealed the name of the Plaintiff, Defendant, and the Plaintiff, respectively. However, E did not enter as a party to the agreement on division of inherited property and affixed a seal thereto.
On June 21, 2016, the Defendant’s instant case to the registry office of the Seoul Central District Court.