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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. The status of the party is between Plaintiff B, Plaintiff A, Plaintiff C, E, and F, and the deceased H (Death on May 17, 2001) and the deceased H (Death on March 12, 2014; hereinafter “the deceased”), and the Defendant is E’s spouse.
B. On September 7, 2010, the Deceased’s I Housing Sale and the Defendant’s acquisition of the instant apartment. Around September 7, 2010, the Deceased’s Second Ground Housing (hereinafter “instant I Housing”) was owned by oneself.
(2) Around June 6, 2011, the Defendant and E purchased KRW 1,220,00,000, and completed the registration of ownership transfer on July 29, 201 with Defendant 7/10, and E/10 with respect to the above apartment from around August 201, 201 to around October 18, 201, the Defendant and E were living together with Defendant and E in the instant apartment from around August 201.
C. On the other hand, the Korea Rail Network Authority filed an application for the adjudication of expropriation for public works with respect to the land owned by the deceased and the deposit money deposited by the Defendant. On the other hand, the Korea Rail Network Authority deposited KRW 421,704,830 as compensation for the deceased on December 19, 2013 by filing an application for the adjudication of expropriation for public works with respect to the land size of 927 square meters in the name of the deceased and KRW 2,195 square meters in the name of the deceased (hereinafter “instant deposit”). On January 6, 2014, the legal representative P filed an objection against the said adjudication of expropriation on January 6, 2014, and deposited KRW 421,704,830 as compensation for the deceased on February 4, 2014 (hereinafter “instant deposit”).
(2) On February 14, 2014, the Defendant, along with the power of attorney in the name of the Deceased, filed a claim for withdrawal of the instant deposit as a proxy of the Deceased, and received KRW 421,724,387 in total of the instant deposit and interest on his agricultural bank account (hereinafter “Defendant account”).
The Deceased’s Death 1 Deceased was hospitalized at the AI and the AI of the Seoul University Hospital from January 2, 2014 to January 7, 2014. The Deceased’s death was re-patient Seoul University Hospital on January 8, 2014.