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(영문) 수원지방법원 평택지원 2018.08.10 2017가단60909
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the buildings listed in the separate sheet;

B. October 25, 2017

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is the wife of the deceased C, and the Defendant was living together with the deceased C from May 2013.

B. The deceased C and the Defendant’s living together, the details of the purchase of the apartment, and the death of the deceased C were living together with their family members including the Plaintiff, and the Defendant and the apartment as indicated in the attached Table from May 2013 (hereinafter “the apartment of this case”) known that they had been living as a guest to the restaurant from around 2011.

In 2014, the deceased C began with administered illness after the cancer diagnosis, and the defendant has been living with the deceased C's disease launch and life.

On the other hand, on November 9, 2014, the deceased C purchased the apartment of this case, which had been residing with the defendant from the non-party D around November 9, 2014, at KRW 80 million, and completed the registration of ownership transfer on December 29, 2014.

Since then, the deceased C resided with the defendant in the apartment of this case and died on September 2016, while living together with the defendant, and the plaintiff agreed to divide the inheritance by agreement with the deceased C to independently inherit the inherited property. On April 21, 2017, the deceased C completed the registration of ownership transfer for the apartment of this case due to inheritance.

On the other hand, the defendant has resided in the apartment of this case until now, and the amount equivalent to the rent of the apartment of this case is KRW 500,000 per month.

C. The details of the Defendant’s net C lending, on the other hand, the Defendant, at the request of the network C, lent a total of KRW 17.4 million to the network C as follows, and the network C used the money received from the Defendant for personal use or as part of the purchase fund of the instant apartment.

The ground for recognition is KRW 5.2 million, which was KRW 3 million on January 9, 2013, KRW 3 million on May 10, 2013, KRW 5.2 million on December 10, 2014, KRW 28 million on December 26, 2014, KRW 3.4 million on December 26, 2014, KRW 1.4 million on August 12, 2015: The fact that there is no dispute between the parties or is no clear dispute between them, Party A 1, 2 (including each number; hereinafter the same shall apply), Party 1, 2, and 3 evidence, and the purport of the entire testimony and pleading of E witness).

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