기타(금전)
1. The defendant shall pay 50,000,000 won to the plaintiff when C leaves the building listed in the attached list.
2. The costs of lawsuit;
1. Facts of recognition;
A. C was married with D on January 8, 2002 in the state of having the Plaintiff as his father.
B. The Defendant (D) purchased the instant building on November 29, 201.
C and D partially borne the expenses (the interest on the Defendant’s loans for about 30 months thereafter was paid on behalf of the Defendant) and extended and repaired the instant building, etc., and operated the “Egy” (hereinafter “instant Section”).
(However, the name of business operator was the defendant).
On December 12, 2011, the Defendant drafted a testamentary document stating that “the instant building, etc. shall be bequeathed to D” (hereinafter “notarial document of this case”). D.
After that, from around 2013, there was an apprehension that C and D may drive away without recovering the expenses incurred in the instant section, and around March 11, 2013, C and D received two copies of the loan certificate of KRW 50 million from the Defendant to the Plaintiff and F (D’s children) (hereinafter “each of the instant loan certificates”).
On the same day, D made up to the Defendant a statement to the effect that “The respective loan certificates of this case are equivalent to the amount of money at the time of purchase of the instant Section and the construction cost per law, and thus, if deemed without any justifiable reason, it will not be paid at the same rate” (hereinafter “each letter of this case”).
E. On July 8, 2014, the Plaintiff and F entered into a transfer agreement with the effect that “F’s credit (the above KRW 50 million) against the Defendant is transferred to the Plaintiff,” and at that time notified the Defendant thereof.
F. On September 19, 2014, the Defendant reported the closure of business as to the instant Section, and D was registered in its name on the same day.
G. C and D have been divorced according to the final decision on August 28, 2015 to recommend reconciliation.
H. Meanwhile, the Plaintiff filed a lawsuit against the Defendant for the payment of the sum of KRW 100 million stated in each of the instant loan certificates (Seoul District Court Decision 2015dan5869), and the said court on November 27, 2015.