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1. The Plaintiff:
(a) Defendant B: 34,615,384;
B. The Defendant (Appointed Party) C and the designated parties F in the separate sheet of the designated parties;
Reasons
1. The following facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1-1, 2-3, Gap evidence 2-3, Gap evidence 3, Gap evidence 4-1, 2-5-1, 5-2, Eul evidence 1-2, and Eul evidence 5-1, and Eul witness K's testimony as a whole:
On June 2, 2015, the Plaintiff transferred KRW 150 million to I as a fund for the purchase of the Bognan Housing Site.
B. On August 17, 2015, I died (hereinafter “the deceased”), and inherited the deceased’s property to Defendant B and his/her spouse, Defendant C, Appointed G, Appointor F, and Selection H, respectively. On October 2, 2015, Defendant D claimed that Defendant D was aware of the fact that he/she is the natural father of the deceased, and was awarded a favorable judgment from the above court on September 28, 2016.
C. On February 23, 2016, the Defendant (Appointed Party) and the Appointed F, G, and H filed a petition with the Seoul Family Court for an adjudication on the limited acceptance of inheritance under the Seoul Family Court Decision 2015Ra10, 10910, and received a decision on the acceptance of the qualified acceptance.
After the death of the deceased, the Plaintiff demanded the Defendant B, etc. to return KRW 150 million over several occasions.
2. In light of the overall purport of the pleading in the fact of recognition on the board, the deceased’s death was unable to perform his duty to purchase the Plaintiff’s house site. The Plaintiff demanded the Defendant, who is the inheritor of the deceased, to return the said KRW 150 million and thus the purchase agreement between the Plaintiff and the deceased was rescinded for the reasons of nonperformance. As such, the agreement between the Plaintiff and the deceased on the purchase of the above house site was cancelled for the above performance. Accordingly, the designated parties in the Defendant B and the Defendant (Appointed Party) as the inheritor of the deceased, the Defendant L are obligated to return to the Plaintiff within the scope of their respective inheritance shares, and the designated parties in the attached Tables C and C, as well as the designated parties in the attached Schedules, to the extent that they were inherited by the deceased.
3. Conclusion