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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
가. C은 포천시 D 전 1207㎡, E 목장용지 3081㎡ 등 토지와 E 토지 지상 세멘블럭조 스레이트지붕 단층돈사 804㎡ 등 건물(이하 C이 사망 전 소유하고 있던 토지와 건물을 통틀어 ‘이 사건 상속부동산’이라 한다), 위 돈사 내 생돈(生豚) 등을 소유하다가 2000. 8. 28. 사망하였다.
B. The Defendant, the wife of C, and the Plaintiff and F, as their children, jointly inherited their property upon the death of C.
C. On November 18, 200, the registration for the change of ownership in respect of the inherited property of this case was completed by Defendant 3/7, Plaintiff, and F 2/7 shares due to inheritance as of November 18, 200, respectively. The registration for the change of ownership was completed by Defendant 5/7 and F2/7 shares due to inheritance by agreement division as of April 7, 2001 by the receipt No. 1000 on April 7, 2001.
Around April 2001, the Defendant paid KRW 250,000,000 to the Plaintiff. From August 16, 2002 to July 5, 2012, the Defendant paid KRW 217,30,000 in total over 13 times.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. After the Plaintiff’s assertion C’s death, the Plaintiff received KRW 250 million equivalent to 2/7 of the Plaintiff’s inheritance shares in the Plaintiff’s inherited property, such as a raw money, a tugboat savings, and other corporeal movables. As to the inherited property of this case, the Plaintiff, Defendant, and F completed inheritance registration on November 18, 200 according to their respective inheritance shares.
However, around April 2001, the Defendant agreed to sell it to the Plaintiff once the registration of ownership transfer was completed in its name with respect to the inherited property of this case, and the market price increases later, and the Plaintiff transferred the Plaintiff’s share in the inherited property of this case to the Defendant on April 7, 2001.
Therefore, the defendant is the plaintiff.