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(영문) 창원지방법원 2016.02.12 2015가단78980
손실보상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C are children of the network D, and the Defendant is a person living together with the network D until the network D dies on July 3, 2014.

B. 1 An overview of inherited property, donated property, etc. 1) The network D is an aggregate of the E apartment 306, Changwon-si, Changwon-si, Changwon-si on November 12, 2010 (hereinafter “instant apartment”).

On March 11, 2014, the registration of ownership transfer with respect to the instant apartment was completed, and the Defendant completed the registration of ownership transfer with respect to the instant apartment on March 11, 2014. (2) The network D sold the instant apartment building to F on January 2, 2014, Changwon-si G Ground (hereinafter “instant commercial building”). From F on January 6, 2014, KRW 20,000,000 was deposited into the network D’s account (H).

The above 20,000,000 won was withdrawn on the same day, and 10,000,000 won was withdrawn in cash, and 10,000,000 won was withdrawn on the check, and I, a child of the defendant, presented the payment to the new settlement point for the Bank of Gyeonggi-do.

3) During the period from May 15, 2014 to May 20, 2014, the network D Co., Ltd. (former Yang & Yang Securities Co., Ltd.; hereinafter the same shall apply)

(i) the amount equivalent to KRW 100,487,00, KRW 69,900,00 for shares, KRW 20,101,157 for shares, and KRW 190,48,157 for shares, which were in the transaction account (hereinafter referred to as “instant bonds, etc.”).

(4) On June 4, 2014, in the name of the deceased D and the Defendant, the donor was entered into a gift contract with the Defendant on the sum of KRW 190,488,157, and KRW 11,021,755, and KRW 203,626,05,05, including KRW 2,116,145, and KRW 203,626,05,00,000, in the name of the Plaintiff and the Defendant.

5) As of July 3, 2014 when the network D died, there is a balance of KRW 81,913,656 (Account Number K 17,591,678, account number L 64,321,978) in the transaction account of the Uananan Securities Company as of July 3, 2014, and there is a balance of KRW 7,302,130 in total, including deposit claims and the amount deposited with claims from the M Company after the network D died.

On the other hand, the net D's inherited property is one of the property.

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