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(영문) 수원지방법원 2018.11.14 2017가합22707

증여금반환

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are married couple, and the defendant is married to the children of the plaintiffs (3 South and North 2 children).

B. From March 2015, the Plaintiffs were living together with the Defendant and the Plaintiffs (hereinafter “Plaintiffs’ apartment”) at Osan-si Da apartment and 206 Dong 602 (hereinafter “the Plaintiff’s apartment”).

C. 1) On October 10, 2016, the Defendant’s apartment Nos. 4, 201, Dong 903 (hereinafter “Defendant’s apartment”).

(2) On February 15, 2017, when concluding a sales contract to purchase KRW 256,000 for the purchase price of KRW 256,000 (231,000,000), the Plaintiffs concluded a sales contract to sell the Plaintiffs’ apartment to F for KRW 242,00,000 on December 26, 2016, and set the balance (222,00,000) as above on February 15, 2017.

3) The Defendant received the sales price of the Plaintiffs from the Plaintiffs and paid it as the purchase price for the Defendant’s apartment, and completed the registration of ownership transfer for the Defendant’s apartment. (The Defendant asserted that the instant money donated by the Plaintiffs as above was KRW 262,50,000,000, which is not in conformity with the amount of each of the above sales price, and it does not clearly indicate that the amount of the Defendant’s donation is accurate (the Defendant does not clearly indicate that the amount of the donation was made). Accordingly, the foregoing KRW 262,50,000 is considered as “the instant money.”

section 28.

(4) From September 2017, Plaintiff B, who was hospitalized in G Hospital, was transferred to another hospital created by the Defendant’s other penal agents around September 2017, and Plaintiff A, around September 2017, moved from Defendant apartment and the Defendant’s other penal agents. Since then, there was no dispute over the donation of the instant money, which occurred between the Plaintiffs, the Defendant, and the Defendant, and the Defendant.