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(영문) 수원지방법원 2018.07.19 2017가단537301
양수금
Text

1. Defendant (Appointed Party) and Appointed C, and D are KRW 15,281,110, respectively, to the Plaintiff and the designated parties C are October 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendant (Appointed Party) and the appointed parties C, and D (hereinafter “Defendant side”) are children of E who died on December 29, 2012.

B. On April 17, 2013, the deceased E bequeathed the Plaintiff with the F 199 square meters (hereinafter “instant land”). At the time, the Plaintiff completed the registration of ownership transfer on the instant land based on the said legacy, the Plaintiff paid KRW 24,795,40, acquisition tax, local education tax, KRW 1,416,80, and special rural development tax, KRW 1,771,10,00 in total to the Suwon-si Office.

C. On May 30, 2017, the Seoul High Court rendered a compulsory adjustment order with the purport that “the Plaintiff shall implement the procedure for ownership transfer registration for each of the instant land on March 3, 2014 with respect to each of the instant land 30/199 shares on the part of the Defendant.”

As the parties did not object to the above decision, the above decision was finalized on June 17, 2017.

The defendant's side completed the registration of transfer of shares on July 6, 2017, on the ground of the return of legal reserve of inheritance on March 3, 2014, with respect to each of 30/199 shares of the instant real estate on July 6, 2017.

E. Meanwhile, G had a loan claim amounting to KRW 50 million with the net E (hereinafter “instant loan claim”), but the Plaintiff repaid KRW 44250,000 to G out of the net E’s debt, and G transferred the instant loan claim to the Plaintiff on June 13, 2017, after transferring the instant loan claim to G.

8. Around 10.10. Around 10.1, Defendant informed Defendant of the assignment of claims.

[Reasons for Recognition] Facts without dispute, each entry into the court, and the purport of the whole pleadings

2. Determination:

A. According to the facts found earlier, G transferred the instant loan claims to the Plaintiff. Since G was recognized as having given notice of the transfer of claims to the Defendant on June 13, 2017, the Defendant’s side (i.e., KRW 11,062,500 (i., KRW 44,250,000 x 1/4) as sought by the Plaintiff, and accordingly, the Defendant’s side did so.

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