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(영문) 서울중앙지방법원 2015.09.04 2014가단215961
계금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s wife C operated the number system.

Plaintiff

On January 15, 2010, married couple joined respectively a final number of KRW 60 million ( monthly payment of KRW 1,200,000, KRW 15,000 from January 15, 2010 to June 15, 2013), KRW 45,00 million around December 23, 2010 (monthly payment of KRW 1,20,000, KRW 000, KRW 23,23, 2010, and June 23, 2013).

B. The Plaintiff couple died on January 28, 2014 while the Plaintiff couple was unable to receive a guidance.

On March 10, 2014, the defendant and his children, who are the husband of C reported the renunciation of inheritance to the Family Court.

C. D, a dependent of the Defendant, completed the registration of ownership transfer on October 30, 202 with respect to the real estate stated in the separate sheet (hereinafter the instant real estate).

The actual transaction price in April 2015 is KRW 173,00,000.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 3, the whole or part of witness E's testimony and the purport of the whole pleading

2. Judgment on the ground of the Plaintiff’s claim

A. The gist of the claim 1) is that the Defendant agreed to pay KRW 70 million to the Plaintiff instead of the network C. Therefore, the Defendant is obliged to pay the Plaintiff KRW 70 million and delay damages therefrom. 2) It is insufficient to recognize that the Defendant, in light of the fact that the Defendant renounced the inheritance of the network C, he/she recorded the conversation between F and the Defendant, etc., and the testimony of the witness E (the Plaintiff’s son) by itself, is not sufficient to acknowledge that there was an agreement as alleged by the Plaintiff.

Therefore, the plaintiff's primary claim is without merit.

B. The gist of the conjunctive claim 1) The Defendant, on October 2013, agreed to transfer the instant real estate in the name of D, his/her father, instead of KRW 70,000,000,000 to be paid by the deceased C, to the Plaintiff. Therefore, the Defendant is obligated to perform the procedure for the registration of ownership transfer of the instant real estate, and the Defendant is obliged to pay the Plaintiff KRW 70,000 as compensation for damages when it is impossible to perform the procedure or execute compulsory execution. 2)

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