(영문) 서울중앙지방법원 2015.03.27 2014가합537675

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(영문) 서울중앙지방법원 2015.03.27 2014가합537675

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1. The Defendant (Counterclaim Plaintiff) paid KRW 17,292,115 to the Plaintiff (Counterclaim Defendant) and its related amount from January 10, 2015 to March 27, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the child of the deceased D (the deceased on December 19, 2013, hereinafter “the deceased”), and the Defendant is the spouse who reported the marriage with the deceased and has a mother and child relationship with the Plaintiff.

B. On May 18, 2005, the original Defendant concluded a sales contract to purchase the instant land and the instant building from Nonparty E, and on July 29, 2005, each 1/2 equity interest in the instant land and the building was registered in the name of the original Defendant.

Since then, the defendant, while managing the land and buildings of this case, has been occupied, used or profited solely by receiving all rent from the lessee.

C. On December 10, 2006, a contract was concluded between the Plaintiff and the Defendant to sell one-half shares of the instant building to the Defendant (hereinafter “instant sales contract”).

At this time, the sales contract (No. 1) and the sales contract (No. 40 million won) in which the sales amount is stated as KRW 40 million was prepared, respectively, as to the sales contract of this case.

On December 20, 2006, the Defendant completed the registration of ownership transfer in the name of the Defendant (hereinafter “the registration of ownership transfer”) with respect to the 1/2 portion of the building of this case pursuant to the instant sales contract (the sale price was reported as KRW 25 million).

Accordingly, the defendant was the sole owner of the building of this case, and the land of this case was still owned by the original defendant 1/2.

E. The Defendant, around 2012, filed a claim against the Plaintiff for the registration of ownership transfer as to 1/2 shares of the instant land pursuant to the instant sales contract, and the registration of ownership transfer in the name of the Plaintiff as to 1/2 shares of the instant land, preliminaryly, donated to the Plaintiff on the condition of title trust or support by the Defendant’s husband and wife, and the cause of invalidation of title trust or cancellation of donation contract is attributable.

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