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수원지방법원여주지원 2015.01.08 2014가합672
소유권이전등기말소 등

1. The Defendants each of the KRW 140,000,000 to the Plaintiff, and 5% per annum from April 9, 2014 to January 8, 2015 to the Plaintiff.


1. Basic facts

A. Defendant B was the Plaintiff’s dead-end, and Defendant C was the Plaintiff’s wife as Defendant B.

B. The Plaintiff was under operation every six years since 2000 because it is not good for the Plaintiff to obtain the 85 years of age, and was judged as the 5th degree of delayed disability on March 20, 2007.

On March 3, 2010, the Plaintiff’s wife was diagnosed as E (79 years of age) and received an operation on March 3, 201, and was under intensive care on July 11, 201, and was judged as 5 years of physical disability on September 9, 201.

C. The Plaintiff’s husband and wife had a strong age to support their children, and the Plaintiff’s children, including the Defendants, opened a family council on January 23, 2012, and, in whose future, the Plaintiff’s husband and wife gathered the Plaintiff’s husband and wife, the Plaintiff’s property was given to the Plaintiff’s husband and wife.

On January 2012, the Plaintiff called the Defendant C to wish to live together with the Defendant’s husband and wife, and the Defendant husband and wife consented thereto.

On February 2, 2012, the plaintiff left G apartment (30 square meters) in which the defendant couple is living, and the plaintiff's husband and wife, the defendant couple, and the grandchildren, decided to move into a broad apartment.

E. On March 2012, the Plaintiff: (a) prepared KRW 250,00,000 for deposit money for lease on a deposit basis, KRW 300,000,000 for stock sale; (b) cash 2,00,000 for lease deposit; and (c) donated each of the Defendants with real estate purchase amount of KRW 208,30,000 for each of the following items (hereinafter “instant apartment”); and (d) on April 19, 2012, the Plaintiff received the ownership transfer registration of the said apartment as the Plaintiff and each of the Defendants received shares of KRW 163,00 for purchase of real estate listed in the attached list (hereinafter “instant apartment”); and (e) on November 7, 2008, the Plaintiff received the ownership transfer registration of the said apartment as the Plaintiff and each of the two registered offices under the title No. 1653,56,163.

F. From March 8, 2012, the Plaintiff couple liveds with the Defendants in the instant apartment from March 8, 2012, and each of the Defendants’ living costs amounting to KRW 1,300,000.