Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. From January 2013, the Plaintiff maintained the relationship between the deceased C (hereinafter “the deceased”) and the resistant relationship from around 1980, and was in the deceased’s care from January 2013 to the deceased’s death.
B. The Deceased’s Month as of September 3, 2013
4. On September 16, 2013, a notary public, who made a verbal promise to pay KRW 300 million to the Plaintiff, prepared and delivered a notarized bill No. 404 of the New century No. 2013, Nov. 30, 2013 to the Plaintiff on September 16, 2013.
(hereinafter above oral promise and promissory note No. 300 million won payment agreement are collectively referred to as the “instant arrangement”). (C)
On October 12, 2013, the deceased died on October 12, 2013, and his heir is the E, F, and the defendant, who are wife D and children.
On the other hand, on January 31, 2013, the Deceased prepared a testamentary gift document (hereinafter “instant testamentary gift”) stating that he/she bequeathed each real estate listed in the separate list owned by the Deceased (hereinafter “instant real estate”) to the Defendant (hereinafter “instant testamentary gift”). Accordingly, the Defendant completed the registration of ownership transfer on October 16, 2013 as to the instant real estate on the ground of testamentary gift.
[Ground of recognition] Facts without dispute, Gap 1-4, 6-12 (including a provisional number; hereinafter the same shall apply), Eul 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion ① (a) the Defendant agreed to pay KRW 300 million to the Plaintiff at its expense to receive the instant real estate bequeathed from the Deceased, or (b) the Defendant solely received the instant real estate as the only property of the Deceased by universal legacy, and inherited the obligation of the Deceased to the Plaintiff solely. As such, the Defendant is liable to pay KRW 30 million to the Plaintiff.
B. The Plaintiff agreed to pay KRW 300 million to the Plaintiff by taking the instant real estate bequeathed from the Deceased solely with the judgment on the assertion Nos. 3 and 4.