Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The non-party net F (hereinafter “the deceased”) is the south of the deceased G (the death of November 16, 199), and the Plaintiff is the south of the deceased G.
B. On February 22, 1979, the registration of transfer of ownership was completed on February 1, 1979 in the name of the deceased on February 1, 1979 with respect to H 885 square meters in Busan-gun (hereinafter “instant site”).
C. After that, on July 1, 2016, the registration of ownership transfer was completed on March 8, 2016 in the name of Nonparty I Co., Ltd. on the instant site.
On March 1, 2018, the Deceased died, and Defendant C, D, and E, the wife of the Deceased, jointly inherited the deceased’s property according to their inheritance shares.
【Ground of recognition】 The fact that there has been no dispute, Gap 2, 12, 17 evidence, Eul 1 and 2 (including virtual numbers), the purport of the whole pleadings
2. The Plaintiff’s assertion G owned the instant site, and transferred 100 square meters (330 square meters) among them to the Plaintiff, who was the next male, and the remaining parts to the deceased, who were the male, respectively. For convenience, the Plaintiff’s assertion G completed the registration of ownership transfer as to the entire site of this case under the name of the deceased.
Nevertheless, the Deceased newly constructed the fourth floor building on the instant site and used the instant site by July 1, 2017, which sold the said site and building to Nonparty I Co., Ltd. by using it until July 1, 2017.
Therefore, the Defendants, a property heir of the deceased, should pay to the Plaintiff the fee of KRW 153,175,989, a fee equivalent to the period from April 6, 2009 to June 30, 2016, for the 50 square meters (165 square meters) for which the Plaintiff confirmed that at least 100 square meters of the above 100 square meters (330 square meters) were donated from the deceased G before the death in the criminal investigation process.
3. In full view of the purport of the entire pleadings as to evidence Nos. 1 and 13, the fact that the Deceased confirmed that he/she had the right to 50 square meters (165 square meters) of the instant land among the instant land was the Plaintiff can be acknowledged, as alleged by the Plaintiff.
However, the deceased shall have the right to 50 square meters (165 square meters) thereafter.