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(영문) 대전지방법원 2019.07.18 2018가단224511
상속재산분할금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, and D are children of the deceased E (Death on August 19, 2016, hereinafter “the deceased”).

F(GG) is the Plaintiff’s children.

B. On April 10, 1999, the Deceased completed the registration of ownership transfer with respect to housing and warehouse (hereinafter collectively referred to as “instant real estate”) with H large 280 square meters and its ground and warehouse (hereinafter referred to as “instant real estate”), and he resided in the instant real estate from May 24, 1999.

C. On April 13, 2012, the Deceased collected KRW 14 million from his account in his name, and on the same day, he deposited KRW 14 million in his account in his name.

On January 23, 2013, the Defendant entered into a lease agreement with J apartment K (hereinafter referred to as “instant apartment”) on the lease deposit of KRW 75 million and the lease period from March 15, 2013 to March 15, 2015. From March 2013, the Defendant resided in the instant apartment from March 2013.

E) On April 30, 2013, the Defendant concluded a sales contract on behalf of the father, selling the instant real estate at KRW 200 million (20 million in the contract amounting to KRW 170 million and KRW 170 million in the remainder to June 20, 2013, and KRW 170 million in the payment on August 6, 2013) on behalf of the deceased, who is his father. (2) L transferred each of the remaining amounts to KRW 10 million in the deceased’s account on April 30, 2013, and KRW 20 million on May 21, 2013, and KRW 10 million on June 20, 2013, and KRW 10 million on June 5, 2013, the Defendant paid each balance to the Defendant with KRW 5071,571,781,781,578,71,719.

On August 5, 2013, the Deceased completed the registration of ownership transfer on the ground of sale and purchase of the instant real estate to L, and thereafter, he resided in the instant apartment from that time.

Meanwhile, the Deceased collected KRW 20 million from his own account on May 3, 2013, and KRW 10 million on June 20, 2013, respectively, and deposited KRW 119,877,417 in his/her own account. The Defendant deposited the remainder into his/her own account. The Defendant deposited KRW 800,000 with the brokerage commission on August 5, 2013 and the certified judicial scrivener.

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