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(영문) 창원지방법원 2018.11.01 2016가단110928
소유권이전등기
Text

1. Defendant D’s each of the Plaintiffs’ KRW 3,004,910 as well as 5% per annum from August 3, 2016 to November 1, 2018.

Reasons

1. Basic facts

A. The relationship between the parties 1) F had a total of six children, including Defendant D(C), the Plaintiffs, H, and I, between husband G (Death on April 11, 1986) and Defendant D’s children. 2) Defendant E is a child of Defendant D.

B. F’s property and testamentary gift 1) F’s each real estate listed in the separate sheet on March 30, 2006 (hereinafter “each real estate of this case”)

On April 17, 1993, F completed the registration of ownership transfer on the ground of the completion of the acquisition by prescription. 2) On May 25, 2006, F drafted a testamentary document (No. 2006 No. 1715) stating the testamentary gift of each of the instant real estate to Defendant E.

3) The F died on February 11, 2016 (hereinafter “the deceased”).

(4) On May 4, 2016, the registration of ownership transfer was completed on the ground of legacy by Defendant E on May 4, 2016. Meanwhile, the deceased held the deposit of KRW 19,205,464 in the Agricultural Cooperative account at the time of death.

After the death of the Deceased, Defendant D withdraws 2 million won from the above account in cash, and keeps the remainder of KRW 17,205,464 as a substitute for Defendant D’s account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 10 (including additional numbers), Eul evidence No. 2, the purport of the whole pleadings

2. Determination as to the claim against Defendant D

A. According to the above basic facts of the deceased’s deposit, the deceased may be found to have held KRW 19,205,464 at the time of his/her death.

Meanwhile, according to the overall purport of evidence Nos. 2, 3, and 4 and the argument of the deceased, Defendant D may be recognized to have withdrawn KRW 2 million from the deceased’s account after the deceased’s death and paid KRW 1,30,000 for funeral expenses, and KRW 1,46,00 for the deceased’s medical expenses. Thus, it is reasonable to deduct KRW 1176,00 from the above deposit expenses paid for the deceased.

Therefore, the deceased’s deposit KRW 18,029,464 (=19,205,464) - 1,176,000) is the deceased’s inherited property.

B. The 1st Plaintiffs are dead.

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