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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
A. C (hereinafter “the deceased”) died on March 23, 2013, and at the time of death, there were D (the inheritance portion: 3/25), the heir, who is the spouse, Plaintiff, Defendant, E, F, G, H, I, J, K, L, and M (each share of inheritance: 2/25).
B. On October 16, 2013, with respect to the Seoul Jongno-gu Seoul N Site and its ground buildings owned by the deceased (hereinafter “instant real estate”), the registration of ownership transfer based on the inheritance by consultation and division on March 23, 2013 (hereinafter “the instant registration of ownership transfer”) is the “registration of ownership transfer” in the Defendant’s future.
(C) On the same day, on October 26, 2016, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 1.56 billion was completed in the future of the Industrial Bank of Korea. D had died on the same day, and there was the Plaintiff, the Defendant, the E, F, G, H, I, I, and K (Shares of inheritance for each heir: 1/8) as its children. [based on recognition] Nos. 2, 3, 4, 6, 22, 23, and 24 (including the number of copies that may be available; hereinafter the same shall apply).
each entry, the purport of the whole pleading
2. Determination as to the cause of action
A. The Plaintiff’s assertion that the Defendant: (a) concluded a sales contract on the instant real estate with O on October 29, 2013 and received KRW 250 million in total fromO on the day of the signing of the sales contract on the said real estate with O on October 29, 2013 and received KRW 188 million in advance payment and intermediate payment of KRW 62 million fromO on October 31, 2013; (b) acquired the said money by taking the Republic of Korea from the United States on March 31, 2013; and (c) returned to the Republic of Korea on March 1, 2014; and (d) concluded a second agreement to recover the instant real estate from the Republic of Korea on March 1, 2014; and (c) concluded a lease contract on the said real estate with the Plaintiff, thereby obtaining money from the said company (i.e., KRW 600 million in custody amount of KRW 420 million).
Thus, the defendant shall obtain money from the plaintiff 850 million won = 250 million won.