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1. The Defendant’s KRW 38,354,013 as well as the Plaintiff’s annual rate from September 4, 2014 to September 3, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff married with C on March 6, 2003, and C died without his/her child on March 13, 2014 (hereinafter “the deceased”). The Defendant, as the mother of C, inherited C’s property 3/5 shares and 2/5 shares, respectively.
B. The Plaintiff and the Deceased owned 1/2 shares each of the instant apartment units Nos. 104 and 705 (hereinafter “instant apartment”). After the death of the Deceased, the inheritance registration was completed by the Plaintiff as he inherited 3/10 shares and 2/10 shares, and the Defendant inherited 2/10 shares.
C. On the apartment of this case, the establishment registration of a neighboring mortgage was completed on November 14, 201 with the Daejeon District Court’s Branch No. 117955, which was rendered on November 14, 201, the National Bank of Korea, the debtor, the deceased, and the maximum debt amount of 111,60,000, and the said apartment was KRW 90,115,470 as of January 1, 201.
[Ground of recognition] Facts without dispute, Gap evidence 6, Gap evidence 13, Eul evidence 1, the purport of whole pleadings
2. Determination as to the claim
A. The Plaintiff asserted that the Plaintiff paid KRW 20,00,000 among the deceased’s obligations after the death of the deceased, ② the borrowed debt of KRW 5,60,00,00, ③ value-added tax of KRW 28,384,260, ④ the tight construction cost wage of KRW 18,280,00, ⑤ the 44,760,774 of the deceased’s share out of the loans on the apartment of this case, ⑤ funeral expenses of KRW 7,62,30, 740, and KRW 2,740,00 of the inheritance registration cost of the apartment of this case. As such, the Plaintiff is obligated to pay KRW 50,954,934 corresponding to the Defendant’s share as co-inheritors, among the above total amount of KRW 127,387,344, as co-inheritors.
B. Determination: (1) According to the health team, Gap evidence 1, Gap evidence 2, Gap evidence 8, Gap evidence 14, and Gap evidence 15 as to the obligation of paragraph (1), on May 30, 2014, which was after the death of the deceased, the plaintiff 41,00,000 won based on the deceased's Seoul Southern District Court's 201Kadan85742 as to Eul on May 30, 2014.