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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts and legal relations asserted by the Plaintiff as the cause of the instant claim are as follows.
The Plaintiff is the legal spouse of the deceased who died on March 21, 2016 (hereinafter referred to as “the deceased”) and on January 12, 2015. The Defendant is the father of the deceased, Nonparty D is the mother of the deceased on the family relations register, and Nonparty E is the mother of the deceased.
B. At the time of the deceased’s death, active property as inherited property was equivalent to KRW 758 million in the market value (Seoul Seocho-gu’s G apartment H, hereinafter “instant apartment”), KRW 170 million in the lease deposit (an amount equivalent to KRW 1/2 of the deceased’s shares out of KRW 3440 million in the lease deposit for J apartment K, which was jointly leased by the plaintiff and the deceased, and was owned by the deceased), KRW 64,948,217 in total (i.e., KRW 22,384,470 in the insurance money of KRW 42,563,747 in the L. 42,70 in the insurance money of the post office), and KRW 300 million in the lease deposit amount of the instant apartment property with small property.
C. After the death of the deceased, on June 2016, the Plaintiff: (a) delivered his seal imprint, certificate of personal seal impression, etc. to the Defendant’s wife and the Plaintiff’s wife; and (b) had the Plaintiff dispose of the deceased’s inherited property; and (c) at the time, the Defendant agreed to dispose of the said inherited property and pay the Plaintiff money equivalent to the Plaintiff’s statutory share of inheritance (hereinafter “instant
Meanwhile, the amount of money corresponding to the Plaintiff’s legal share in the inherited property of the deceased is calculated as KRW 284,120,664 [=62,948,217, the market price of the apartment of this case is KRW 758 million (= KRW 64,948,217, the claim for the refund of the lease deposit - KRW 330,000,000 - KRW 34,440,000) x 3/7]. The Plaintiff already returned from the lessorN the lease deposit of KRW 340,000,000 from KRW 24,000,000.