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(영문) 서울동부지방법원 2020.12.18 2018가합100340
부당이득반환 등
Text

Plaintiff

B, C's lawsuits, and each of the lawsuits filed by plaintiffs A and D shall be dismissed.

Plaintiff

A and D, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are the accumulated students of G, and the Plaintiffs and the parents of G are H(C) and F(F).

The registration date for the transfer of ownership of a registered titleholder prior to real estate is the 1I Plaintiffs and G.

On October 10, 2006, inheritance Nos. 2H by consultation and division on September 23, 2006, 2H on July 5, 2006, 3- He trade No. 4 H on November 20, 1985, 5- inheritance by consultation and division on October 5, 2006, 5- On November 20, 1985, 6-8-J on November 20, 1985, 199 December 30, 300.

B. G refers to each real estate listed in the list (attached Form 1) (hereinafter referred to as “net real estate,” etc. according to the sequence, and in case of a common name, the registration of ownership transfer is completed as indicated below with respect to each real estate listed in the list (hereinafter referred to as “each real estate”).

C. G died on November 27, 2016, and at the time of death, G had children K and L between the Defendant and his spouse at the time of death.

On November 29, 2016, at the time of the completion of the funeral ceremony of G, Plaintiffs, Defendant, K, and L et al. filed a family conference on November 29, 2016, and the Plaintiffs raised a problem that K should support the F, a mother, as k’s hand.

K has expressed its intention to donate a part of the real estate to F (see, e.g., the 16 pages, etc. of the Green Recordings (No. 16)), and the two pages of the family minutes as shown in [Attachment 2] have been prepared at the end of the discussions, and the purport thereof is as follows:

In other words, 1-5 real estate will be transferred to F, and real estate Nos. 1-4 will be transferred to K when F dies under the name of K. The real estate Nos. 6-8 shall be transferred to the name of the Defendant, but the Defendant shall, after disposing of the real estate, provide F with KRW 30,000,000. The Defendant shall transfer the real estate Nos. 1,861 square meters in Sejong Special Self-Governing City and KRW 125 square meters in the name of K and L, and K and L (after social life) shall be paid KRW 300,000 per month to F. The two pages provide that each application for change of name shall be made until December 31, 2016, and each of the above real estate except for Nos. 6-8 shall be transferred to F.

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