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(영문) 울산지방법원 2017.11.16 2017가합20452
기타(금전)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 301,271,910 and the period from March 16, 2017 to November 16, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is the mother of the defendant B, and the defendant C is the husband of the defendant B.

B. On October 4, 2006, the Plaintiff sold 330,000,000 square meters (hereinafter “instant real property”) in Ulsan-gun, Ulsan-gun, Ulsan-gun, Inc. for KRW 1,334 square meters. Around that time, the Plaintiff entrusted the Defendants with KRW 198,00,000 out of the sale price, and delegated the Defendants to use the money for the Plaintiff, such as bringing the Plaintiff’s death to the Plaintiff’s husband, managing the Plaintiff’s residence, etc.

(hereinafter “instant delegation contract”). C.

From March 2002 to March 2009, the Plaintiff received benefits from E and F to the bank account (hereinafter referred to as “Korea bank”) in the name of the Plaintiff, Korea (hereinafter referred to as “Korea Bank”). From March 2009 to January 2017, the Plaintiff received national pension from Korea under the name of the Plaintiff (Account Number: H; hereinafter referred to as “National Pension account”).

In addition to the wage account and the national pension account, the Plaintiff also held the Gyeongnam Bank account (Account Number: I; hereinafter referred to as "Gyeongnam Bank account"), the new bank account account (Account Number: J; hereinafter referred to as "new bank account") and the Dongsan Saemaeul Community Depository account (Account Number: K, L, M, N; hereinafter referred to as "each community credit cooperative account").

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff 1 donated KRW 198,00,000 out of the real estate sales price to the Defendants on the condition that the Defendants were her husband’s intention and managed the Plaintiff’s house residing. On the condition that the Plaintiff was unable to live in a married life after his death, the Plaintiff donated the Defendants a gift of KRW 198,000 among the real estate sales price. The Defendants failed to perform their duty

Therefore, the plaintiff is a gift contract by delivering a copy of the complaint on the grounds of the defendants' non-performance of duty to support.

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