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1. The defendant shall be the plaintiff.
(a) gold 61,37,336 won and its related 5% per annum from January 9, 2019 to February 12, 2019;
Reasons
1. Facts of recognition;
A. Nonparty C (hereinafter “the deceased”) died on December 28, 2015. At the time of the deceased’s death, Nonparty D, A, and E was the heir of the deceased.
B. Although the deceased had real estate listed in the annexed Table 1 and 2 in the name of the deceased prior to his death, and other land such as FY 1646 square meters in Busan Gangseo-gu, Busan, but the Korean Racing Association, etc. was expropriated in the Korean Racing Association, etc., and there was no submission of data related to the use of the compensation
In this regard, on October 21, 2004, the Deceased prepared a “Will Notarial Deed” to testamentary gift of each of the above immovables to the Defendant.
(hereinafter referred to as “instant legacy”). C.
After that, on May 22, 2014, before the death of the deceased, the real estate listed in the Attached Table 1 was expropriated in the Korea Water Resources Corporation and KRW 634,912,980 in total as compensation for expropriation was deposited into the passbook in the name of the deceased. On June 24, 2016, the registration of ownership transfer was completed in the name of the defendant on the ground of testamentary gift as of December 28, 2015, from June 11, 2014 to December 11, 2015.
Meanwhile, the market price of the real estate listed in the attached Table 2 List is KRW 275,106,200 as of December 28, 2015, which was the date of commencing the inheritance, and is KRW 373,337,520 as of December 17, 2018, which is close to the date of closing the argument of this case.
[Reasons] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, 3, Gap evidence 1-2-2, Gap evidence 3, Gap evidence 1-2, Gap evidence 4-1, Eul evidence 2-5, Eul evidence 1-1, 2, 3, 4-3, and Eul evidence 1-2, Eul evidence 1-2, Eul's inquiry and reply to the G of this court, the result of this court's inquiry of the market price appraisal of Gap's appraiser H, the purport of the whole pleadings
2. As of December 19, 2018, the Plaintiff’s summary of the Plaintiff’s assertion: (a) based on the premise that, as of December 19, 2018, the date of appraisal, the property used as the basis for calculating the deceased’s property and legal reserve of inheritance is the same as the entry in the “instant table”; (b) whether subrogation of legacy is recognized on the compensation paid