약정금
1. Revocation of a judgment of the first instance;
2. Based on the selective claims added at the trial, Defendant B shall be entitled to the Plaintiff, and Defendant B shall be entitled to the Plaintiff on 24,642.
1. In the first instance trial, the Plaintiff claimed for payment of KRW 50 million and interest and delay damages on the said KRW 50 million around the Defendants based on their respective inheritance shares on the grounds of the refusal to perform the obligation to transfer ownership registration, etc. In addition, upon the arrival of December 30, 2019, the court of first instance dismissed all the Plaintiff’s primary and conjunctive claims.
On the other hand, the plaintiff filed an appeal only for the primary claim and added the claim based on the monetary payment agreement and the claim for damages caused by the illegal act in the trial.
Therefore, the scope of this Court's trial is the primary claim based on the refusal of the performance of the obligation to transfer ownership and each of the above claims added selectively in the trial.
2. As to the cause of claim
A. The plaintiff selectively seeks the following claims.
1) As a result of the refusal to perform the obligation to transfer ownership registration, if the Plaintiff agreed to transfer the deceased’s apartment to the Plaintiff, which would have been the government and nursing of the deceased, until he/she died on his/her own, and the Plaintiff prepared a loan certificate as a collateral and set up a collateral on the deceased’s apartment. Since the Plaintiff faithfully performed the role of the government and nursing personnel up until the deceased’s death, the Defendants, the inheritor of the deceased, have the duty to transfer the ownership of the above apartment. Nevertheless, the Defendants, who were the heir of the deceased, have the duty to deny it and cancelled the right to collateral security in the name of the Plaintiff. Accordingly, the Defendants are obliged to pay the Plaintiff the amount based on the loan certificate prepared by the deceased. (ii) The Deceased, based on the payment agreement, agreed to pay interest of KRW 5.0 million per annum and one million per annum to the Plaintiff until he/she died on his/her own, until he/she died on his/her own.