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(영문) 서울중앙지방법원 2018.08.30 2018가합519507
사용대차권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased C died on December 21, 1989, and the plaintiff's spouse and the defendant are children between the plaintiff and the deceased C.

B. On November 5, 1987, the deceased C donated each of the lands listed in paragraphs 1 and 3 of the [Attachment List Nos. 1 and 3 (hereinafter “each of the lands of this case”) owned by the deceased C to the Defendant. On July 4, 1989, the deceased C donated each of the lands owned by Gwangju Northern-gu D and E to the Defendant’s spouse F, Defendant’s children G and H.

C. On December 21, 1989, the network C bequeathed 1/2 of the land in Gwangju Mine-gu, the Plaintiff and J and K, the children, and bequeathed 1/2 of the land in L, 27850/68920 of the land in M, and N andO of the Plaintiff.

On February 28, 1992, the Plaintiff obtained a construction permit under the name of the Defendant, and entered into a construction contract with P to KRW 35,500,00 in the name of the Defendant on February 28, 1992. Around July 1993, the Plaintiff newly constructed each of the buildings listed in Tables 2 and 4 of the attached Table (hereinafter “each of the instant buildings”) on each of the instant lands (hereinafter “each of the instant buildings”; and when referring to each of the instant lands and each of the instant buildings, hereinafter “each of the instant real estate”). The Plaintiff borne KRW 35,50,000 for the said construction price.

E. From July 1993, when each of the buildings of this case was newly constructed, the Plaintiff leased each of the buildings of this case under the name of the Defendant, and deposited and withdrawn the rent using each of the passbooks (Account Number R, S, and hereinafter “each of the passbooks”) and passwords received from the Defendant, and the Defendant’s seal imprint.

F. On February 25, 1994, the Plaintiff sold 27850/68920 shares of land in the Gwangju Mine-gu M to T Co., Ltd., and around June 1994, the Plaintiff donated KRW 980,000,000 out of the purchase price received from T Co., Ltd. to the Defendant.

G. Around April 1994, the Plaintiff donated each of the land in the former Sung-gun U and V to the Defendant’s spouse F and the Defendant’s children G, and Gwangju on June 28, 2003 to G.

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