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1. The Plaintiff:
A. Defendant B’s KRW 337,925,647 as well as 5% per annum from January 1, 2015 to September 8, 2015.
Reasons
1. Basic facts
A. The deceased D (hereinafter “the deceased”) died on June 21, 2012. At the time, Nonparty F, Plaintiff, Nonparty G, Defendant B, Nonparty H, and Defendant C, the deceased’s heir, who was the deceased’s spouse.
B. On August 22, 2011, the Deceased drafted a testamentary deed (No. 2405 of the document 2011), with the content of testamentary gift of real estate, stocks, etc. (hereinafter “instant testamentary gift”) to the Defendants as follows (a notary public of the Gangnam-do Joint Law Office No. 2405).
The Deceased shall testamentary gift each of the real estate listed in paragraphs 1 and 2 of the attached Table 1 to Defendant B.
Upon the death of the Deceased, the Deceased shall sell and purchase the above real estate after the Defendant transferred the ownership of each of the real estate listed in paragraphs 3 through 7 of the annexed Table 1, and shall give a legacy of 50% each of the Defendants, “The remaining amount after the Deceased paid back the debt of KRW 200 million with the deposit for lease on a deposit basis established with the No. 46540 of the annexed Table 1, the receipt number No. 7147, and the debt of KRW 780,000,000 with the new bank account (I) in the name of the Deceased,” which is set forth in paragraphs 1 and 2 of the annexed Table 1.
The Deceased shall give to the Defendants a testamentary gift of 25,00 shares of J Co., Ltd. (hereinafter referred to as “J”) and 1.2 billion won claim against J, as shown in the attached list 2.
C. On July 2, 2012, Defendant B completed the registration of ownership transfer based on testamentary gift regarding each of the real estate listed in [Attachment 1] List 1 and 2.
The Defendants completed the registration of ownership transfer on July 2, 2012, on each of the real estates listed in [Attachment 1] Nos. 3 through 7, with respect to one-half shares of each testamentary gift.
E. At the time of the deceased’s death, there was no active inherited property, and the actual value of the claim against J of the deceased is “0” won.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 12, 14, Eul evidence Nos. 1 through 7, 28, 34 (including paper numbers; hereinafter the same shall apply) and all pleadings.