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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a deceased C’s baby (hereinafter “the deceased”), and the Defendant is a mother of the deceased’s father with his father’s birth.
B. The Deceased was hospitalized on April 23, 2016, and died at the above hospital on July 10, 2016, while receiving treatment at the Guro University Hospital due to lung cancer.
The deceased's children are the Plaintiff, D, and E, and the deceased's family relations register are registered as G self-employed by the divorced husband F.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff is obligated to pay to the Plaintiff the sum of KRW 343,34,492 (=1) 155,000,000) 85,000,000) 3) 103,334,492 (3) 103,34,492) and damages for delay as follows. (1) The Deceased is obligated to pay to the Plaintiff a total of KRW 343,334,492 (=2) 85,00,000) 103,334,492 (1)
1. From 3. to 3., each real estate (hereinafter “H land and building”) was sold and the sales amount was divided by half.
Nevertheless, the Defendant sold 430,000,000 won to I without mind without mind with the Plaintiff, and transferred only 60,000,000 won to the Plaintiff. Thus, the Defendant should pay to the Plaintiff KRW 155,00,000 [=30,000,000 for the Plaintiff’s share in the purchase price + KRW 215,00,000 for the Plaintiff’s share in the purchase price + 1/2) - 60,00,000 for the Plaintiff.
2) On October 19, 2015, the Deceased’s land indicated in attached Table 4. Paragraph 4 of the deceased’s possession (hereinafter “K land”) to J on October 19, 2015.
(2) The Defendant sold KRW 500,000,000. Of the purchase price, KRW 40,000,000 was directly used by the Deceased, and KRW 120,00,000 was given to the Plaintiff’s female mother, and the remainder of KRW 340,00,000 was given to the Defendant. Therefore, the Defendant shall return the amount in his custody to the Defendant KRW 85,000,000 (=340,000,000 x 1/4) out of the amount in his custody as follows: