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(영문) 서울북부지방법원 2015.10.21 2014가합1625
정산금
Text

1. The Defendant’s KRW 881,316,117 as well as 5% per annum from March 29, 2014 to October 21, 2015, and the following.

Reasons

1. Facts of recognition;

A. C and D are married couple, and their children are Plaintiff, Defendant, E, F, G, H, I and J.

B. On April 18, 1974, the registration of ownership transfer was made in the name of C on April 18, 1974 with respect to the building of 1,125.4 square meters in Dongdaemun-gu Seoul, Seoul and the second floor above (hereinafter “instant real estate”).

C. C on January 28, 1997, completed the registration of ownership transfer based on donation with respect to one-fourth portion of each of the instant real estate to the Plaintiff, E, F, and J. On May 30, 2007, J completed the registration of ownership transfer under the name of the Defendant with respect to one-fourth share of the said real estate owned by the Plaintiff, E, F, and J.

D When managing the instant real estate, the Defendant died on January 13, 2009, and the Defendant managed the instant real estate from around that time to February 5, 2014. During that period, 581,194,645 won in total, and 275,978,808 won in total for the maintenance cost.

E. On December 23, 2013, Plaintiff, Defendant, E, and F sold the instant real estate to L with the price of KRW 5.44 billion, and completed the registration of ownership transfer thereafter on February 6, 2014. The Plaintiff received KRW 200 million out of the proceeds of sale, and the Defendant received and kept the remainder of KRW 5.246 billion.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2, 4, 9, 11, Gap evidence 3-1, Gap evidence 3-2, 3, 4, Eul evidence 6, 7, and 8, each entry of Gap evidence 6-7, and 8, and the whole purport of the arguments, as a result of an investigation into each financial transaction information into the Korea Exchange Bank by this court

2. Judgment on the issue

A. M and C, the Defendant’s husband of the Defendant’s claim that the Plaintiff owned the instant real estate, jointly established and operated the N Co., Ltd. on or around 1974, jointly purchased the instant real estate to use it as the garage of the said company, but the transfer of ownership was completed only in the name of C. M is the actual owner of the 1/2 share out of the said real estate.

C This is to the plaintiffs, E, F and J, who are their children on January 28, 1997.

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