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1. The Plaintiff, Defendant B and C, and Defendant D, respectively, KRW 11,428,571, Defendant E and F, respectively, and KRW 7,619,047, respectively.
Reasons
1. Facts of recognition;
A. On May 13, 2004, the deceased G (hereinafter “the deceased”) purchased 872 square meters of I forest and J forest and 16,126 square meters (hereinafter “each of the instant Gu forest”) from H on May 13, 2004. On November 26, 2005, 80 square meters of J forest and 120 million won were sold to the Plaintiff, a Eastwest, and received payment from the Plaintiff.
After April 7, 2006, the Deceased completed the registration of ownership transfer on each of the Gu forest of this case.
B. On April 29, 2012, the Deceased agreed to pay KRW 200 million to the Plaintiff by September 30, 2012, under the pretext of refund of investment shares in each of the instant Gu forest areas.
C. On December 6, 2012, the Deceased delivered to the Plaintiff a cashier’s check (hereinafter “instant check”) which was issued by the Gangwon-do Branch of Agricultural Cooperative on the Ministry of Agriculture, Forestry and Fisheries on December 6, 2012. The Plaintiff was paid the check amount on December 7, 2012.
On February 25, 2015, the Deceased died after having left Defendant B, C, and Dong K, who is a bereaved family member of April 25, 2015. The deceased died after having left Defendant D, Defendant E, and F, who is a wife, as the bereaved family member of September 57 of the same day.
[Reasons for Recognition] Unsatisfy, entry of Gap-1 and 9 evidence (including each number in case of additional number), inquiry of Sejong Special Self-Governing City L, the whole purport of the pleading, and the purport of the whole pleading
2. The assertion and judgment
A. On April 29, 2012, the deceased agreed to pay KRW 200 million to the Plaintiff by September 30, 2012 as the refund of the investment shares in each of the instant forest areas as to the Plaintiff on April 29, 2012. The deceased paid only KRW 120 million to the Plaintiff on December 7, 2012, as seen earlier.
According to the above facts, Defendant B and C who inherited the deceased, barring any special circumstance, succeeded to KRW 26,666,66, and KRW 26,666, which are the inheritance shares of the deceased, 1/3 of the total inheritance shares of KRW 80,00,000,000, and KRW 26,666,666, which are the inheritance shares of the deceased, by inheritance shares of the deceased. Defendant D, who succeeded to the second inheritance of KRW 3/7,00,000 among the inheritance shares, shall be 11,428,571, and Defendant E and F.