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1. The defendant shall pay 253,957,211 won to the plaintiff and 12% per annum from August 13, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. The deceased C (hereinafter “the deceased”) died on August 2, 2019, and the deceased’s legal heir is the Defendant and D (the deceased’s share in inheritance 1/2).
B. At the time of the death of the deceased, the deceased was residing in the Heung-gu E (hereinafter “E building”) at the time of the death, and he was aware of the Plaintiff’s “F” to be a guest, and was close to the Plaintiff until he died.
As a matter of the disposal of movable property of the deceased in E-building G, three parts were to be divided into three parts each by the defendant, D, and three plaintiffs.
Provided, That it is confirmed that all the legal issues and all the procedures for inheritance are fully carried out and then the liability of the heir is fairly responsible.
C. At the funeral hall of the Deceased, the Plaintiff, the Defendant, and D drafted an agreement with the following contents (hereinafter “instant agreement”) (hereinafter “instant agreement,” and the agreement under the instant agreement). D.
The deceased’s inherited property at the time of his death can not be cancelled to a closed-type fund that cannot be redeemed, and thus, the trust money may be withdrawn on January 15, 202, on the following grounds: ① Savings deposit (Account Number I) 33,794, ② Savings deposit (Account Number J) 1,093,402,467, ③ specified money trust (Account Number K) 300,000, ④ specified money trust (Account Number L), ④ KRW 600,000,000, ⑤ Collective Investment Securities (Account Number L), ⑤ Collective Investment Securities (Account Number M) 98,142,293.
There are 453,701,090 won of the deposit for occupancy of the E-building.
E. The Defendant paid KRW 896,725,080 as inheritance tax on the deceased’s inherited property. The Defendant spent KRW 12,869,00 as medical expenses, funeral expenses, etc. for the deceased, KRW 2,80,000 as usage fees and management expenses for charnel seedlings, and KRW 11,00,000 as tax accountant fees.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4 (if there are serial numbers, including each number; hereinafter the same shall apply) and Eul evidence 2, 7, 8, 12 to 14.