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서울동부지방법원 2013.11.15 2012나13011

1. According to the Plaintiff’s expansion of the purport of the claim in the trial, the judgment of the first instance is modified as follows.


1. Basic facts

(a) The relationship between the parties 1) Solomon Savings Bank Co., Ltd. (hereinafter referred to as " Solomon Savings Bank") before bankruptcy;

(B) On April 2006, September 2006, and March 2007, C grants the instant loan on three occasions, respectively, including KRW 300 million, KRW 360 million, KRW 300 million, KRW 70 million, and KRW 70 million, to D, and around that time, in order to secure the obligation of the loan, the ownership transfer registration is completed under C’s name, and around that time, the Songpa-gu Seoul E apartment 22, KRW 1303, KRW 141.78,00 (hereinafter “instant apartment”).

(2) On April 30, 2013, the Solomon Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap46 on April 30, 2013, and was appointed by the Plaintiff as a trustee in bankruptcy. (2) Defendant A, as his father, operated a small and medium enterprise and operated a small and medium enterprise and entrusted Defendant B with the bringing-up of C, who is one of his own own interest and the mother of C, with living expenses, making it difficult to look at C, who is an incompetent for intention due to foreign business trip, etc., and Defendant B was able to look at the apartment of this case as the apartment of this case, and examined it.

F was married with Defendant B on or around December 1967, but died on or around October 18, 2010 after the divorce was made on or around February 2004. From around 2006 to 2008, F lived with Defendant B in the instant apartment from around 2006 to around 2008.

3 C had had been educated at a special school for 12 years since it shown congenital malutism symptoms in 1974, and had no job except that it had received a little remuneration from social welfare centers.

2010 the following:

In the course of the proceeding of this subsection, C’s intelligence index 66 and 55, and language intelligence index 62 and 52, lack of understanding of information, language insignia, social customs, or rule obtained through learning or experience, and answer by using the maximum two words without seeking a simple door and having interfered with communication with others;