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(영문) 서울동부지방법원 2020.02.14 2019가단1689
손해배상(기)
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The preliminary decision of the plaintiff (Appointed) and the selector.

Reasons

1. Facts of recognition;

A. The network D and the network E had children of Defendant, the net F (the deceased after the death of the network D), G, the Plaintiff (Appointed Party), and the Selection 2 South and three women under the chain;

(hereinafter referred to as the “Plaintiffs”) and the designated parties (hereinafter referred to as the “Plaintiffs”).

The network D owned the land of this case on May 18, 1981 with respect to C Forest No. 4,109 square meters (hereinafter “the forest of this case”) in Jeju-si, after completing the registration of ownership transfer through sale and purchase.

The network D died on January 9, 1995.

C. On January 2002, the Defendant owned the instant forest land and owned an inherited property division consultation (hereinafter “instant division consultation”) by the Defendant around January 1, 2002.

The defendant completed the registration of transfer of ownership in his name on January 8, 2002 due to the instant subdivision consultation on January 9, 1995.

Meanwhile, the Defendant lived with the network D and E from 1989, and she lived with the network E from 1995 to 2003 when the network D died.

From around 2003, the network E had been living in the medical care center while living in the local area.

The deceased E died on February 5, 2019 while the instant lawsuit was pending.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 6, Eul's 1, 2, and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion, the defendant and the defendant's wife (hereinafter "the defendant's wife") agreed to gather the network E throughout their lifetime at the time of the division consultation in this case. The division consultation in this case constitutes a gift with a burden on the part of the defendant's side on the condition that the defendant support the network E in a comfortable manner.

However, the defendant's side treated the network E unfairly, and the network E livedd with the defendant's house, and even thereafter, the defendant neglected to support the network E as a self-refeit and abused it.

① Accordingly, the Plaintiffs primarily released the gift with the charge of filing the instant lawsuit, and the instant case.

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