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(영문) 의정부지방법원고양지원 2016.07.08 2016가합288
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On April 28, 2016, this Court rendered an application for the suspension of compulsory execution against this Court.

Reasons

1. Basic facts

A. The Plaintiff received KRW 80,00,000 from the deceased C (hereinafter “the deceased”) on April 30, 2012, KRW 500,000,000 on June 18, 2012, KRW 500,000 on July 26, 2012, KRW 50,000,00 on August 1, 2012, and KRW 13,000 on September 10, 2012, KRW 200,00 on September 24, 2012, KRW 10,000 on October 10, 201, and KRW 21,98 billion on March 13, 2013.

B. On January 17, 2013, the Plaintiff drafted a notarial deed stating the purport to recognize compulsory execution (hereinafter “notarial deed of this case”) in the issuance and delivery of one promissory note, the par value of which is KRW 200 million, and the due date of which is January 17, 2016, and where the payment of the said note is delayed, the Plaintiff drafted to the Deceased a notarial deed stating the purport to recognize compulsory execution.

C. Meanwhile, the Deceased died on April 2, 2014, and the Defendant is the legal inheritor of the Deceased.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is in a de facto marital relationship with the deceased from October 2, 201 to April 2, 2014, where the deceased died, and was actively supported by economic activities, such as receiving the business expenses of “D” operated by the Plaintiff during the said period from the deceased. However, in preparation for a case where the de facto marital relationship becomes extinct due to the Plaintiff’s worship, the instant authentic deed was prepared.

Therefore, the above support for economic activities of the deceased constitutes a kind of gift with a burden on the condition that the plaintiff maintains a de facto marital relationship with the deceased, and the validity of the notarial deed of this case prepared to secure the above-paid donation upon the death of the deceased was extinguished.

In addition, the critical opportunity for preparing the instant notarial deed was that the deceased jointly and severally guaranteed the lease contract with the Plaintiff’s New Hanchip Capital Co., Ltd., but the Plaintiff paid all the obligations under the said lease contract on June 17, 2015, and as a joint and several surety obligation of the deceased.

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