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(영문) 부산고등법원 2019.01.09 2018나50850

소유권이전등기

Text

1. Of the judgment of the first instance, the part against Plaintiff A, including the claim expanded by this court, is as follows.

Reasons

1. According to the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the judgment of the court of first instance shall be quoted as it is in determining the basic facts and defense before the merits

2. Plaintiff A’s claim

A. The facts of recognition (A) concluded on April 24, 2017 through the instant agreement to ensure that the Plaintiff A has all revenues equivalent to the rent generated from each of the instant real estate during its existence, instead of succeeding to the deceased’s property, while the Plaintiff A remains alive.

② Nevertheless, from April 29, 201 to May 2, 2016, the Defendant directly received KRW 37 million in total from Z, the lessee of each real estate listed in the separate sheet Nos. 8, 9, and 10, through the account in the name of the Defendant.

③ In addition, from April 6, 2015 to April 29, 2017, the Defendant received KRW 31,937,000 directly from AC, AD, etc., the lessee of each real estate listed in the attached Table 8, 9, and 10, through AB account in the name of the Defendant.

④ The Defendant arbitrarily withdrawn a cashier’s check or cash from the Plaintiff’s bank account, or transferred it to another account, as indicated below, and the total amount reaches KRW 71,9270,000.

On January 23, 2009, the relevant cashier's checks (AE number) were withdrawn from the Plaintiff's account on January 23, 2009, and on the same day, the AF bank account in the name of the Defendant deposited at the store of the AF bank volume, and on January 28, 2009, the relevant cashier's checks were paid at the store of the AF bank.

On January 23, 2009, the relevant cashier's check (AG number) was withdrawn from the Plaintiff's account, and on the same day, the relevant X bank's regular deposit account (AH) in the name of the Defendant in the amount of KRW 10 million and the amount of KRW 30 million were newly opened.

On February 3, 2014, the relevant cashier's check ( check No. AJ) was withdrawn from the Plaintiff's account of KRW 10 million and on the same day.