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1. The Defendant’s KRW 452,989,489 among the Plaintiff and KRW 147,50,000 among the Plaintiff, shall be KRW 305,489,489.
Reasons
1. Basic facts
A. The relationship between the Plaintiff and the Defendant (1) died on August 11, 2017, when the decedent C (hereinafter “the decedent”) died.
(2) The Plaintiff and the Defendant are the inheritors of the inheritee, and the legal share of inheritance between the Plaintiff and the Defendant is one-half shares, respectively.
B. (1) As to the 1/10 shares of the land listed in paragraph (1) of the attached Table No. 1 and the building listed in paragraph (2) of the same Table (hereinafter “D real estate”) on which the registration of ownership transfer was completed under the name of the decedent, the registration of the transfer of shares in the Defendant’s name was completed as of February 27, 2015, No. 12378, which was received on February 26, 2015, as Seoul Western District Court Decision 12378, which was received on February 27, 2015. As to the 9/10 shares of D real estate as of August 25, 2017, the registration of the transfer of shares in the Defendant’s name was completed as of August 34623, 2017.
(2) On February 25, 2016, the registration of creation of a new mortgage in the name of the debtor, the decedent, the maximum debt amount of KRW 336 million, and the 600 million under the name of the bank of Korea (hereinafter “Korea bank”), each of which was completed by the aforementioned court No. 8312, and 8313.
(3) On September 16, 2014 when the decedent was alive, the registration of ownership transfer in the name of the defendant was completed on September 16, 2014, under the receipt of 134700 by the Jungyang District Court, which received from the Jungyang District Court on September 16, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 7 (including each number), the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion: (1) the decedent donated the Defendant 1/10 shares of D real estate; (2) the value as of the base date of the commencement of inheritance is KRW 153,297,30 [the market price (1,612,973,00 won - KRW 80,000) x 1/10]; (2) the value as of the starting date of inheritance by legacy the shares of 9/10 shares of D real estate as of the starting date of inheritance shall be KRW 591,66,118 [the value as of the starting date of inheritance (1,612,973,00 won - KRW 80,000 per market price) x 9/10 - the amount as collateral for collateral security - KRW 788,09,582]; and (3) the F apartment.