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1. Defendant B’s KRW 647,458,400 and the Plaintiff’s annual rate of KRW 5% from June 9, 2017 to July 13, 2018.
Reasons
1. Basic facts
A. The relationship 1) E dies on March 7, 1947 and the F solely inherited the E’s property as Australia. 2) The F died on January 19, 1973, and at the time of death, G(Judicial Declaration of Disappearance of July 1964) and H(C) were married.
G has been married to the Plaintiff and the Defendant B (the birth in 1965) who is his father and wife.
3) Accordingly, the inheritance shares are 36/49, H 7/49, and Defendant B B 6/49. 4) Defendant C and D are the children of Defendant B.
B. Around May 2009, the Plaintiff agreed to file a lawsuit for confirmation of ownership against the State, etc. regarding the land under the circumstances of H, Defendant B, and E. Around that time, the Plaintiff drafted a written agreement for division of inherited property with the purport that each of the real estate listed in [Attachment I] Nos. 1 through 11 is to be owned by Defendant B solely.
C. Defendant B filed a lawsuit against the Republic of Korea on the claim for cancellation of registration of ownership preservation against each of the real estate listed in the Attached Table 1, as the District Court 2009Gahap7981, which was the District Court 2009Gahap7981, and was sentenced to the judgment accepting the claim on April 30, 2010. The Republic of Korea appealed as Seoul High Court 2010Na50573, but was sentenced to the judgment dismissing the appeal on July 21, 2011. The appeal was filed by the Supreme Court 201Da69152, but was rendered on November 10, 201, the Defendant B filed a lawsuit against the Republic of Korea on the claim for cancellation of registration of ownership preservation on each of the real estate listed in the Attached Table 2, as the District Court 2010Da3018, and the judgment cited the claim on November 26, 2010.
(hereinafter referred to as “instant inherited property” in total, of the real estate listed in Appendix 2 List I and the real estate listed in Appendix 2 List II 1.
Defendant B, after completing registration of preservation of ownership on the inherited property of this case in his name, completed registration of preservation of ownership, the disposal price of the inherited property of this case, usage fees, etc.