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(영문) 수원지방법원 2019.01.15 2017가단532948

매매대금 등 청구의 소

Text

1. The Defendant shall pay to the Plaintiff KRW 57,00,000 and the interest rate of KRW 15% per annum from January 15, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is the deceased C's sole heir, and the defendant is the deceased C's partner.

The net C died on August 12, 2017.

B. The net C is "the real estate of this case" under the building E of the Young-gu, Suwon-si, Suwon-si, Gyeonggi-do.

As the owner of the instant real estate, he/she was living alone in the Defendant on March 9, 2017, and completed the registration of ownership transfer with No. 21740 of the Suwon District Court’s receipt number of the Dongwon District Court’s registration office, and thereafter, he/she was removed from Gwangju City F and G on April 20, 2017 and lived with the Defendant until he/she died.

C. On March 6, 2017, the deceased C and the Defendant drafted a real estate sales contract with respect to the instant real estate as follows:

On March 31, 2022, the outstanding payment date of KRW 135 million on March 6, 2017, the outstanding payment date of KRW 15 million on March 6, 2017: The special terms and conditions on March 8, 2017 - The balance shall be paid in installments over five years on the last day of each month from April 2017 to March 202.

- Transfer of ownership in the name of the buyer shall be registered at the same time as the down payment.

On the other hand, "the money of 29,415,104 won or less in each account under the name of the network C" is "the money of this case".

From January 5, 2017

6. The withdrawal was made between 26.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 4 (including branch numbers), and the purport of the whole pleadings

2. Determination as to the real estate of this case

A. Determination as to whether the cause for registration of transfer of ownership to the real estate of this case is a gift is generally made or not. In a case where the authenticity of a disposal document is recognized, the existence of a juristic act in its content should be recognized unless there are any special circumstances that allow the denial of the existence of declaration of intent as indicated in the document and its contents, and it is not permissible to deny the probative value of the disposal document unless there are special circumstances that deny the probative value of the disposal document (see Supreme Court Decision 89Meu165, Mar. 23, 1990).