손해배상(기)
All of the plaintiffs' appeals and preliminary claims added in the trial are dismissed.
after the filing of an appeal.
Basic Facts
The plaintiffs are children of the deceased E (hereinafter referred to as “the deceased”), and the defendant is the mother of the deceased on January 4, 199 as the wife of the deceased who reported a marriage with the deceased on January 4, 199.
On October 2, 2014, the Deceased acquired the ownership of the F apartment G G G of Busan Metropolitan City (hereinafter “the apartment of this case”) on October 1, 2014, on the ground of sale and purchase (the transaction value of KRW 199,50 million).
On October 30, 2015, the ownership of the instant apartment is subject to the same year.
8.12. Trading was transferred to H on the ground of the transaction value of KRW 249 billion (the transaction value of KRW 200 million).
The Deceased died on April 27, 2019.
[Ground of recognition] The Defendant, on August 12, 2015, took advantage of the dementia status, sold the apartment of this case owned by the deceased at KRW 249 million to H without permission, by taking advantage of the deceased’s dementia status. The Defendant, on August 12, 2015, sold the apartment of this case owned by the deceased at KRW 200 million.
Of the down payment of KRW 25 million, 3 million was deposited in the account of the Deceased, and the intermediate payment of KRW 40 million was deposited in the account of the Deceased.
8. 27. After deposit in the deceased’s account;
9.8. The Defendant embezzled the total amount of KRW 64 million out of the purchase price (=22 million won) as the place of use is unclear. As such, the Defendant embezzled the total amount of KRW 4 million (2 million).
Since the Plaintiffs, who are the deceased’s children, jointly succeed to the above 64 million won damages claim against the Defendant of the deceased, 2/9 shares, the Defendant is obligated to pay each of the Plaintiffs 14,22,222 won (i.e., KRW 64 million x 2/9 x 2/9; hereinafter the same shall apply) and damages for delay.
On October 1, 2014, after the deceased’s health has deteriorated, the Defendant purchased the apartment of this case in the name of KRW 199,500,000,000 and sold the apartment of this case in KRW 14,50,000 after August 12, 2015, which was ten months after the purchase.
The defendant, out of the above KRW 199.5 million, has withdrawn and embezzled without permission KRW 59.5 million (i.e., KRW 19.95 million - KRW 140 million). The down payment at the time of selling the apartment of this case.