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(영문) 창원지방법원 2019.01.24 2018가합51341
기타(금전)
Text

1. As to KRW 104,940,228 and KRW 69,692,307 among them, the Defendant shall start on November 15, 2016, and the remainder 35,247.

Reasons

1. Basic facts

A. The relationship between the parties 1) D was married with E, and under which D was employed by F, G, H, I, J, and Defendant, and D died on September 13, 2015. 2) J, without any marital relationship, was employed by the Plaintiff A and B, and died on July 23, 2004, his father, who was his father, died.

B. 1) The relationship between the rights and interests of real estate 1 and 2 of the attached list Nos. 1 and 2 of the attached list (hereinafter “instant inherited real estate”).

(2) On January 16, 2016, after D’s death, the Defendant sold the instant inherited property to K on behalf of D’s inheritors KRW 907,00,000. The inheritors including the Plaintiffs and the Defendant agreed to divide the sales price of the instant inherited property according to the inheritance shares, and accordingly, the Plaintiffs were paid KRW 60,00,000, respectively. (2) On November 4, 2011, D related to the attached list 3 through 24 (hereinafter “instant donated real property”) donated real estate under the attached list 3 through 24 (hereinafter “instant donated real estate”) to the Defendant on behalf of D’s inheritors. At the time of the death of D of the instant donated real property based on the said land category, D’s market price at KRW 3,894,383,30,00 in total at the time of the death of D at the time of the said donation.

(3) The defendant asserts that the market price of the gift real estate of this case is KRW 2,946,264,30. In this regard, among the gift real property of this case, the defendant is the real estate of the attached list Nos. 12 through 12,081 square meters prior to Busan Gangseo-gu at the time of donation. The attached list Nos. 15 through 24 is the real estate of the attached list No. 13 through 24 square meters prior to Busan Gangseo-gu at the time of donation, and it appears that the defendant alleged as above that the real estate of this case was the real estate of the attached list No. 15,564 square meters prior to Busan-gu at the time of donation. Thus, if it is deemed that the defendant did not make the above mistake, D is the real estate of this case between the plaintiffs and the defendant, the father of the plaintiff and the defendant, and D is the real estate of this case.

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