보관금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 4 and the purport of the entire pleadings.
A. On February 21, 1990, the net C purchased the 992m2 square meters of the D Seoyang-si D, Mayang-si, and completed the registration of ownership transfer on March 7, 1990 according to 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.
The deceased C died on May 30, 199, and as bereaved family members, I, J, L, M, and Defendant, the spouse of H, children, and I, J, Dong K (Death on May 1, 201).
E sold the instant land in KRW 325,00,000 to N andO on August 23, 2017, and completed the registration of ownership transfer on September 20, 2017, and KRW 80,000,000 out of the said payment was paid to J, 40,000,000 to L, respectively, and paid to the Defendant the remainder of KRW 165,00,000.
E. Meanwhile, as the spouse of the network K, the Plaintiff inherited the network K’s property independently.
2. The parties' assertion
A. The Plaintiff’s assertion is that the land of this case is the deceased C’s inherited property, and the Defendant is obligated to pay KRW 42,823,529, and damages for delay corresponding to the deceased K’s share of inheritance out of the sales price of the land of this case.
B. The defendant asserted that the land of this case was donated by the deceased C.
The Defendant’s donation by dividing part of the proceeds from the sale of the instant land to I, J, and L is not a contribution to his share in the inherited portion.
3. In full view of the evidence of subparagraphs 1 through 7 and the purport of the entire argument as to the judgment and conclusion, it is recognized that the deceased C donated all the real estate owned by the deceased C, including the land in this case, to the defendant on March 10, 1994, and thus, the plaintiff can claim against the defendant for the change of the share of the deceased K’s share of the sale price of the land in this case.