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(영문) 서울서부지방법원 2017.08.09 2016가단251836
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition (the plaintiff, the defendant's relationship, and the deceased C's inherited property);

A. On January 25, 2016, the deceased C died, and his heir is the Plaintiff, Defendant, and E, who are the spouse’s lineal descendants.

B. The deceased C’s inherited property is the second floor No. 2 (hereinafter “instant real property”), Article 202 of the Gangseo-gu Seoul Metropolitan Government G Building (hereinafter “instant G”), and bank deposits and insurance proceeds equivalent to approximately KRW 144,794,00, among the third floor buildings located in Gangseo-gu Seoul Metropolitan Government F, where reconstruction is underway.

【Agreement on Real Estate of this case and Subsequent Progress】

C. On February 20, 2016, the Plaintiff, the Defendant, D, and E drafted an agreement on the division of inherited property (Evidence A2) with the content that the instant real estate, which was reconstructed on February 20, 2016, shall be owned by the co-inheritors, among co-inheritors.

Since April 19, 2016, D completed the registration of ownership transfer under the name of the principal with respect to I Apartment No. 801 (hereinafter “instant I Apartment”) on one parcel of land reconstructed Gangseo-gu Seoul Metropolitan Government H, which was reconstructed.

【Agreement on the G of this case and Subsequent Progress】

E. On February 26, 2016, the Plaintiff and the Defendant: (a) the instant G, the ownership transfer registration of which was completed under the Plaintiff’s name, was donated to the Defendant; and (b) the Defendant entered into a contract with the burden of payment that the Plaintiff shall pay KRW 80 million to the Plaintiff within ten (10) days from the date of completion of the registration (hereinafter “instant contract with the burden of payment”).

F. On March 2, 2016, the Plaintiff completed the registration of ownership transfer for the instant G with respect to the Defendant on March 2, 2016, the Seoul Southern District Court Gangseo-gu Office of Registry of the Seoul Southern District Court on March 2, 2016, as the receipt of the said donation No. 12139, and on April 27, 2016, the Defendant deposited the said KRW 80 million with the Plaintiff as the principal deposit, and the interest at the rate of 5% from March 13, 2016 to the deposit date.

[Reasons for Recognition] There are no dispute, Gap evidence 2, 3, 7 and Eul evidence 3 to 4, 7.

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