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1. The Defendant’s KRW 124,619,226 as well as 5% per annum from January 3, 2019 to February 15, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The relationship C of the Parties married with D to have his or her child E, E, son F, G, the Plaintiff of his or her father (A), Ha, and the Defendant (B) of his or her children.
B. A testamentary gift as to the instant real estate No. 1 and purchase of the instant real estate No. 2) C around October 22, 2009, shall be the Defendant’s real estate No. 1 as indicated in the attached list (hereinafter “instant real estate No. 1”).
A) A testamentary gift (Law Firm I No. 619, 2009) and, on the other hand, the registration of ownership transfer (each of 1/2 shares) was completed on April 22, 2003 in the name of G as to the second real estate listed in the separate sheet (hereinafter “second real estate”) owned by J, as to G, and the Defendant’s transfer on April 22, 2003.
C. C’s death and acquisition of real estate No. 1) C died on July 31, 2016, and around August 24, 2016 with respect to the instant real estate No. 1, which was owned by the deceased C, registration of ownership transfer was completed on the ground of legacy on July 31, 2016. (2) At the time of the deceased C’s death, the value of land among the instant real estate No. 1, which was owned by the deceased C, is KRW 1,247,920,00, and the value of the building is KRW 49,960,440.
G’s death and inheritance and gift 1/2 shares of 1/2 of the instant real estate 2) deceased on August 16, 2016 by G, and G’s mother D completed the registration of ownership transfer due to inheritance on August 31, 2016. (2) Around September 23, 2016, the Defendant completed the registration of ownership transfer for 1/2 shares of the instant real estate 2, which were owned by D, due to donation from September 19, 2016.
E. D’s death, on the other hand, D died on November 20, 2016 while the instant lawsuit was pending.
At the time of the deceased D’s death, the value of land owned by the 262,440,00 won (=524,880,000 won x 1/2) is 54,324,480 won (=108,648,960 won x 1/2). The value of the building is 54,324,480 won (=108,648,960 won)
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 6, 7, Eul evidence No. 15, Eul's appraisal results against K of this Court, the purport of the whole pleadings
2. The assertion;
A. The Plaintiff’s assertion 1-C.