(영문) 춘천지방법원영월지원 2015.12.17 2015가합47

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(영문) 춘천지방법원영월지원 2015.12.17 2015가합47

상속회복청구 등

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1. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on January 25, 2015, and the deceased’s co-inheritors are the Plaintiffs, Defendant, E, and F, who are children.

B. The Defendant completed the registration of ownership transfer on the instant real estate owned by G on December 15, 1990 due to sale on November 29, 1990.

C. At the time of the deceased’s death, the real estate in the name of the deceased is 1,192 square meters in the name of Gangseo-gun, Seowon-gun, and 559 square meters in the first time, and JJ in the same Gun (hereinafter “the real estate in the name of the deceased”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 20 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' primary assertion is that the real estate of this case was purchased in the name of the defendant who is the head of the deceased, and constitutes a title trust property. Since the deceased lent KRW 270,000,000 to the defendant around August 200 and September 2009, the real estate of this case and the above loans constitute the inherited property of the deceased. The plaintiffs, co-inheritors, as co-inheritors, seek payment of KRW 54,00,00 of each of the above loans amounting to 1/5 shares of the real estate of this case, and payment of KRW 1/5 shares of each of the above loans to the defendant.

Preliminaryly, if the deceased did not title trust the real estate of this case to the defendant, but did not lend the above 270,000,000,000 won to the defendant, all of them shall be deemed to have been donated, and if the property amount which forms the basis for calculating legal reserve of inheritance is calculated including this, 1,060,279,891 won [649,626,70 won (the market price at the time of the commencement of the inheritance of the real estate of this case)] 32,65,691 won (the amount converted into the monetary value at the time of the commencement of the inheritance of the real estate in the name of the deceased), 20,000,000 won (the compensation received by the defendant for the real estate divided from the real estate of this case)].

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