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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 26, 2016, the Deceased died. The Deceased’s heir was the Defendants and the deceased, who were the siblings of the Deceased.
B. However, after the deceased’s death, the deceased died on December 28, 2016, and the deceased’s heir was aware of the Defendants, who were the siblings, and eventually, the deceased’s inherited property was inherited by the Defendants.
C. At the time of the death of the deceased, each real estate listed in the separate sheet as well as each deposit claim, investment bond, insurance termination refund claim, etc. equivalent to the total amount of KRW 37,980,537 as stated in the separate sheet.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (if there are virtual numbers, including each number; hereinafter the same shall apply), the postal service information center of this court, lot board damage insurance company, East Agricultural Cooperative, and East Credit Cooperative, the result of response to each order to submit financial transaction information to the postal service information center of this court, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff was a de facto spouse who had maintained a de facto marital relationship with the Deceased from around December 2007, and actively contributed to the acquisition, formation, maintenance, and increase of real estate and financial assets held at the time of the Deceased’s death.
Therefore, since at least 1/2 of the inherited property of the deceased is owned by the plaintiff, the defendants, the inheritor of the deceased, are obligated to take procedures for the registration of ownership transfer of 1/2 of the real property in the name of the deceased, and pay to the plaintiff KRW 3,798,053 of the financial property and damages for delay.
B. In particular, the Deceased made a verbal donation to the Plaintiff of 1/2 shares out of each real estate listed in the separate sheet before birth. In light of this, at least the Defendants are liable to implement the registration procedure for ownership transfer with respect to 1/2 shares of each of the above real estate.
3. Determination on the registration of ownership transfer and the claim for monetary payment based on ownership
A. The Plaintiff constitutes a de facto spouse of the Deceased.