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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. The plaintiff and the defendant are the siblings between the deceased C and D.
The deceased C died on April 8, 2014, and the deceased’s heir had D, South Korea, the spouse of the deceased, the Plaintiff, Samnam, Samnam E, son F, G, and H.
B. On May 27, 2013, the Deceased donated each real estate listed in the separate sheet (hereinafter “instant real estate”) to E, and completed the registration of ownership transfer on May 29, 2013 on the ground of the donation.
C. On March 25, 2014, E entered into a sales contract with the Defendant for the instant real estate amounting to KRW 110 million (hereinafter “instant sales contract”), and received the sales amount from the Defendant on the same day, and completed the registration of ownership transfer with respect to the instant real estate on March 26, 2014.
At the time of the instant sales contract, the Defendant prepared a written confirmation (hereinafter “instant confirmation”) stating that “after-sale of the shares in the instant real estate E, the Defendant would offer tax fees, etc. and pay to the Plaintiff the amount of 1/2 shares to the Plaintiff.”
E. As of September 21, 2017, the market value of the instant real estate is KRW 146,842,400 in total.
F. On the other hand, around December 12, 2013, the Deceased completed the registration of ownership transfer on D’s gift as to Cheongong-gun, J, and K’s land. Around March 27, 2014, the Deceased completed the registration of ownership transfer on L and M’s gift for L and M’s land to the Defendant.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. The Plaintiff’s assertion that most of the real estate owned by the deceased was donated to his spouse D, the South-North, and Samnam, and the Plaintiff married by marriage. As to the Plaintiff’s complaint, the deceased’s heir was excluded from inheritance, and the deceased’s heir was hospitalized in the Seoul Sung Hospital around January 12, 2014, the deceased’s death.