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(영문) 서울서부지방법원 2018.02.07 2017가합31128
소유권이전등기절차이행등의 소
Text

1. The plaintiffs' primary claims are dismissed.

2. The defendant shall pay to the plaintiffs KRW 94,285,714, respectively, and as to this.

Reasons

1. Basic facts

A. On October 19, 1963, the networkD married with the network E and had the Plaintiffs as their children, and maintained a matrimonial relationship until the marriage with the Defendant on December 18, 200 after it divorced from the network E.

B. On June 29, 2015, the network D donated the real estate indicated in the attached Form (hereinafter “instant real estate”) to the Defendant, and completed the registration of ownership transfer on July 1, 2015.

C. From March 28, 2016 to May 30, 2016, a sum of KRW 392,222,579 (hereinafter “instant deposit”) was deposited from the network name account in the following table:

G 120,817,725 March 28, 2016. G 20,817,725 KB Savings Deposit KRW 90,000,000 on May 30, 2016. 30, 200, 392,222,579

D. On October 28, 2016, the deceased D’s property value was zero won, and around that time, the value of the instant real estate was KRW 390,000,000.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and 3

2. Judgment on the main claim

A. The Defendant asserted that the deceased’s mental condition of the deceased was insufficient, thereby acquiring KRW 390,000,000 out of the instant deposit from March 28, 2016 to May 30, 2016.

As a result, the defendant has a duty to pay to the plaintiffs 11,428,571 won (=390,000,000 x inheritance ratio 2/7, and less than won; hereinafter the same) and delay damages.

B. The person who does not have a legitimate right of inheritance refers to a person who possesses all or part of the inherited property by referring to the person or heir who has an external appearance relianceing on the person who is an inheritor, even though there is no legitimate right of inheritance. Thus, if there is any other cause, such as sale, gift, etc., other than the cause of acquisition of the property, the property shall

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