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1. On June 20, 2014, the Plaintiff (Counterclaim Defendant), and the Defendant (Counterclaim Plaintiff) E, as well as the Plaintiff’s KRW 4,276,491, and the Plaintiff’s counterclaim, from June 20, 2014 to February 16, 2016.
Reasons
1. Facts of recognition;
A. The relationship 1) G died on October 1, 2012 between the parties. G’s inheritors are Defendant D, M and Defendant E and F, who were the husband of the M (Death February 20, 2010) between G and the former wife H, and are children of the Plaintiff, Defendant B, C, and the latter wife, and the Plaintiff, who were children between G and the former wife, and the former wife. The entire inheritors are “heirs” (hereinafter referred to as “heirs”).
2) The Plaintiff’s share of inheritance for G is 1/5, I, K, L, Defendant B, and C, respectively, 2/15, Defendant DD 6/105, Defendant E, and F, respectively.
3) At the time of the death of G, there was no particular property in relation to the Plaintiff. (B) G owned each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) at the time of the death of G. G owned each of the real estate listed in the separate sheet of real estate at the time of the death.
With respect to the real estate Nos. 3 and 4 of this case, the establishment registration of the neighboring mortgage of the National Bank of Korea (hereinafter “the establishment registration of the neighboring mortgage”) by the debtor N (K’s husband) and the maximum debt amount of KRW 325 million was completed as of August 17, 2009, which was received on August 17, 2009 by the Dobong District Court of Seoul Northern District, was the establishment registration of the neighboring mortgage of this case.
2) Meanwhile, around August 2007, G paid KRW 40 million to M. Moreover, G paid the amount of KRW 23,523,380 from around 208 to February 2010 as the Plaintiff’s credit card, but it is reasonable to view that most of its heirs paid the amount of KRW 23,523,380 by means of the Plaintiff’s credit card. However, in light of the relationship between the Plaintiff and G, the Plaintiff’s financial status, etc., the heir was in principle divided the inherited property on the basis of the statutory inheritance, but the heir was in principle divided the inherited property on the basis of the statutory inheritance amount.