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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is that on March 26, 2013, the Defendant: (a) 6/10 of the Seoul Gangnam-gu E site and building (hereinafter “the instant real estate”) from the deceased’s father (the deceased on March 30, 2013; hereinafter “the Deceased”); and (b) the Defendant’s mother, who received 4/10 of the instant real estate from the Deceased on the same day, to complete the registration of transfer of ownership by donation.
The Defendant and the victim, and F, on April 12, 2013, filed an objection to the registration of transfer of ownership by the gift, by asserting their legitimate shares of inheritance and raising an objection thereto. The Defendant and the victim, and F notarized “agreement on the transfer of real estate shares” (hereinafter “the first notarial act”). The main content was that “The real estate in this case was sold at an appropriate time and donated an amount equivalent to 1/3 of the distributed assets to the victims G, and the real estate was not disposed of, prior to the sale, such as the creation of collateral security, and the party who violated the agreement shall pay one billion won to the other party as a penalty.”
On July 15, 2015, F established the right to collateral security of the maximum amount of KRW 2776 million on the instant real estate in violation of the foregoing agreement and borrowed KRW 230 million from the bank of Korea.
On September 19, 2015, around August 2015, in order to raise an objection to the victim G with the knowledge of the fact, and to resolve the problem, the victim G temporarily returned to the United States on September 19, 2015, requiring the Defendant to “in the event of the death of the Defendant, to prepare a will stating that the Defendant donated the Defendant’s entire property to the two descendants of the victim G, and to set up a collateral equivalent to one billion won on the instant real property in the future of the victim.”
Accordingly, on September 19, 2015, the Defendant prepared a will letter to the victim G that “at the time of the death of the principal, the Defendant donated all property to the two daughters of the victim G at the time of the death of the principal, and the right to collateral security equivalent to one billion won of the instant real estate.