logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.11.01 2016가단115749
소유권이전등기
Text

1. Defendant C’s each of the Plaintiffs’ KRW 3,004,910 as well as 5% per annum from November 11, 2016 to November 1, 2018.

Reasons

1. Basic facts

A. The relationship between the parties 1) E had a total of six children, including Defendant C (ma), Plaintiffs, G, H, and I, between husband F (Death on April 11, 1986) and Defendant C. 2) Defendant D is a child of Defendant C.

B. E’s property and legacy 1) E is each real estate listed in the separate sheet on March 30, 2006 (hereinafter “each of the instant real estate”).

On April 17, 1993, E completed the registration of ownership transfer on the ground of the completion of the acquisition by prescription.2) On May 25, 2006, E drafted a testamentary document (No. 2006 No. 1715 of Changwon Law Firm 2006) stating the testamentary gift of each of the instant real estate to Defendant D.

3) E died on February 11, 2016 (hereinafter “the deceased”).

(4) On May 4, 2016, the registration of ownership transfer was completed on the ground of the legacy of Defendant D on May 4, 2016.

5) Meanwhile, the Deceased held the deposit of KRW 19,205,464 in the Agricultural Cooperative account at the time of death. After the Deceased’s death, the Defendant C withdraws KRW 2,00,000 from the said account in cash and keeps the remainder of KRW 17,205,464 in substitution for the Defendant C account. [Grounds for Recognition] Facts that there is no dispute, Party A’s evidence Nos. 1 through 3, 5, and 10 (including serial numbers, and evidence No. 2)

2. Determination as to the claim against Defendant C

A. According to the above basic facts of the deceased’s deposit, the deceased may be found to have held KRW 19,205,464 at the time of his/her death.

Meanwhile, according to the overall purport of evidence Nos. 2, 3, and 4 and the argument of the deceased, Defendant C may be recognized to have withdrawn KRW 2 million from the deceased’s account after the deceased’s death and paid KRW 1,30,000 for funeral expenses, and KRW 1,46,00 for the deceased’s medical expenses. Thus, it is reasonable to deduct KRW 1176,00 from the above deposit expenses paid for the deceased.

Therefore, the deceased’s deposit KRW 18,029,464 (=19,205,464) - 1,176,000) is the deceased’s inherited property.

B. The 1st Plaintiffs rejected medical or funeral expenses of the Deceased.

arrow