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1. The Defendant’s KRW 17,500,000 as well as the Plaintiff’s annual rate of KRW 5% from April 23, 2014 to November 11, 2015.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 5, evidence 6-1, 2, 3, Gap evidence 7, and evidence 9, together with the whole purport of the pleadings:
Non-party C and D (1928 Livelihood) were married and had between them E, F, Plaintiff and Defendant, and C died on May 13, 1986, and D died on June 2006.
(hereinafter referred to as “the deceased”). (b)
On November 10, 1965, the Deceased completed the registration of ownership transfer based on sale in its name with respect to the Dong-gu Incheon Metropolitan City G large 86§³ (hereinafter “instant G land”). On April 27, 1990, the Deceased completed the registration of ownership transfer based on donation to the Defendant with respect to the said G land.
Since then, around 190, the defendant removed the old building located in the above G land, constructed a new building of 28.98 square meters of living facilities in the slive slive roof roof, and leased it to another person. On April 20, 2006, the defendant made a registration of preservation of ownership under his name, and completed the registration of ownership transfer for G land and the above house with H on the same day.
C. On July 22, 192, the Deceased (hereinafter “the instant I apartment”) sold the said apartment at KRW 184,00,000 to the J on December 21, 201, the Defendant sold the said apartment to the J on December 21, 2012, after completing the registration of ownership transfer based on the sale on May 20, 191 in its name.
2. The plaintiff and the defendant's assertion
A. As the cause of the instant claim, the Plaintiff infringed the Plaintiff’s forced inheritance by receiving the instant G land and I apartment from the deceased, and thus, the Defendant sold the said G land price of KRW 80,840,00 (=86mix 940,000 for officially assessed individual land price in 2006) and the I apartment at the time of selling the said G apartment.