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1. The Defendant: (a) filed against the Plaintiff A for KRW 53,571,428; (b) KRW 35,714,285, respectively; and (c) KRW 35,714,285, respectively, on October 26, 2013.
Reasons
1. Basic facts
A. The deceased E was judged as liver cancer and received medical treatment from the Seoul Large Hospital since January 2012, but aggravated the disease and died on August 13, 2012. The deceased on September 11, 2012.
As the inheritor of the deceased, there are Plaintiffs B and C, the wife of the deceased, and their children.
B. On December 12, 2011, the deceased E filed an application for divorce conciliation with the Seoul Family Court of 2011p21040, but withdrawn it on March 22, 2012, and on June 18, 2012, decided to donate the Seocho-gu Seoul G apartment 17 Dong 1302 owned to the Plaintiff A, thereby completing the registration of ownership transfer in the Plaintiff A’s future on the 20th of the same month.
C. On August 7, 2012, the Defendant completed the network E as nursing, and on August 7, 2012, the network E made a will to testamentary gifts of H apartment Nos. 405-dong 407, Seoul (hereinafter “H apartment”) and No. 2,644m2,64m2 of I forest land in Gyeyang-gun (hereinafter “I forest”) owned by the Defendant. On the same day, under the participation of the attorney and the witness, a notary public made a testamentary document in which such content is written in accordance with the notarial Act, No. 591, 2012.
After the shortage of medical expenses, the deceased E delegated the sale of H apartment to the J which participated as a witness in the preparation of the above will document.
E. On August 21, 2012, J sold H apartment units to K for KRW 390 million on behalf of the network E, and decided that KRW 240 million out of the above purchase price would substitute for the buyer’s acceptance of the obligation to return the lease deposit with respect to the above apartment units.
(f) On August 23, 2012, K completed the registration of ownership transfer of H apartment units on the grounds of the instant trade, and J received KRW 150 million (= KRW 390 million - KRW 240 million) from K, which was paid to the Defendant around August 28, 2012, after deducting lease deposit from K, until the Hanman on August 2012.
(g)after death of the deceased E;