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(영문) 서울북부지방법원 2019.01.24 2017가합24957

손해배상(기)

Text

1. The Defendant’s KRW 209,997,777 as well as the Plaintiff’s annual rate from August 3, 2017 to January 24, 2019.

Reasons

Basic Facts

C (hereinafter referred to as “the deceased”) was married with the Plaintiff, the Defendant, D, and E, and the sex was changed to K.

hereinafter referred to as “E”;

F was a child, and died on January 17, 2017.

On April 17, 2009, the deceased was donated to the Defendant while owning G commercial buildings before reconstruction, and accordingly, on the Seocho-gu Seoul Metropolitan Government H Prize I (hereinafter “instant commercial buildings”) among the commercial buildings reconstructed by the Defendant as a reconstruction association member, registration of preservation of ownership was completed in the name of the Defendant.

Although the registration of preservation of ownership of the commercial building of this case was completed in the future of the defendant, the children of the deceased determined their respective shares in the commercial building of this case by the defendant 2/6 and the remaining children, respectively, 1/6, and the defendant formed a J and agreed to manage the commercial building of this case as the representative.

The Defendant organized the details of revenue and expenditure generated from the shopping mall of this case and sent them to siblings, including the Plaintiff, etc., and distributed the profit amount as set forth above.

The Defendant donated 1/6 shares of each of the instant shopping districts to F and E on May 2012, and completed the registration of ownership transfer for F on the 17th of the same month, and for E on the 23th of the same month.

On January 18, 2013, the Defendant promised to give the Plaintiff a gift of 1/6 shares out of the 4/6 shares of the instant commercial building owned by the Plaintiff: Provided, That the time of donation shall be determined according to the status of the lease of the commercial building and the financial standing of the J which manages the commercial building in the future.” The Defendant prepared a written confirmation to the effect that the said written confirmation was certified by a notary public as Law Firm L, etc. No. 86 in 2013.

(hereinafter “instant gift contract”). On May 2, 2017, Defendant, E, and F sold the instant commercial building at KRW 2.18 billion to M, and on June 29, 2017, the ownership transfer registration for the instant commercial building was completed in the future M.

[Ground of recognition] The fact that there is no dispute, A.