(영문) 서울중앙지방법원 2019.04.04 2017가합540306

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(영문) 서울중앙지방법원 2019.04.04 2017가합540306

손해배상청구 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. The deceased and the Defendant’s relationship E (the deceased died on April 27, 2016; hereinafter “the deceased”) visited Jeju-do for the purpose of real estate investment, and developed the Defendant as a man or a man-child relationship by introducing a man around 2002. From around 2009, the Defendant began to live together with the Defendant.

Since the commencement of living with the deceased, the Defendant has managed the passbook and the seal of the deceased.

B. On March 24, 2016, the Deceased’s purchase of the instant apartment from F to operate the leasing business, the Deceased purchased the G Building H (hereinafter “instant apartment”) from F to KRW 210,00,000 (hereinafter “instant sales contract”), and paid KRW 30,000,00 on the date of the contract, and the remainder KRW 180,00,000 on April 10, 2016.

C. On April 8, 2016, the Deceased, such as the deceased’s death, inheritance, etc., was hospitalized in the Jeju University Hospital Central Patients’ Office and was treated as a result of symptoms, and died on April 27, 2016, where symptoms show symptoms.

At the time of the deceased’s death, there are Plaintiff B and C, who is the spouse, and Plaintiff B and C jointly inherited the deceased as 3/7 shares, 2/7 shares, and 2/7 shares.

Meanwhile, on April 15, 2016, the Defendant withdrawn KRW 180,000 from the deceased’s account to pay the remainder to the seller F of the instant apartment, and completed the registration of ownership transfer in the name of the Defendant with respect to the instant apartment on the same day.

[Ground of recognition] Gap's evidence Nos. 1 through 8, 13, 14, 15, and Eul's evidence No. 1, and the purport of the whole pleadings, the defendant asserted that the defendant completed the registration of ownership transfer in the name of the defendant for the apartment of this case without the consent of the deceased. The defendant completed the registration of ownership transfer in the name of the defendant for the apartment of this case without the consent of the deceased. The defendant paid damages

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