logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.01.20 2015가합60606
기타(금전)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant): (a) KRW 234,819,280 on the Plaintiff (Counterclaim Defendant) and its related amount from April 8, 2014 to January 20, 2017.

Reasons

1. Facts of recognition;

A. The deceased C’s purchase of the instant land 1) The deceased C, the husband of the Plaintiff (hereinafter “the deceased”).

A) Around January 1, 1997, F forest 111,174 square meters of F forest 11,174 square meters (one-third shares purchased by the deceased (37,058 square meters of 1/3 shares purchased by the deceased) and the total land of this case (hereinafter “the entire land of this case”).

(2) The Deceased entered into a contract to purchase 1/3 shares as above. The Deceased shall have purchased 1/3 shares as above.

5. On March 31, 1998, the Plaintiff completed the registration of ownership transfer of 1/3 shares in the name of the Deceased, G, and H (1/9 shares for the entire F). After receiving the entire shares of the Deceased, the Plaintiff completed the registration of ownership transfer on the ground of donation on March 30, 1998.

After the death of the deceased, all the tasks such as management and disposal of the entire land of this case were carried out on behalf of the Plaintiff and I, who is the son of the Deceased.

3) Since February 1, 200, F was divided into F, J, or K on or around February 1, 200 (see attached Form 1). Of the part purchased by the deceased, the Plaintiff’s 12,353 square meters of L forest land among the part purchased by the deceased was subject to the registration of ownership transfer in the name of H, F forest land 2,807 square meters of land, J forest 2,452 square meters of land, J forest 2,452 square meters of land, K forest 7,094 square meters of land in each name of G (hereinafter collectively referred to as “Plaintiff, etc.”).

B. B. The Defendant’s investment and provisional disposition 1) The Deceased, upon purchasing the entire land of this case, received KRW 250 million from the Defendant and used it as a sale fund. The Deceased prepared and delivered a note to the Defendant that “the Defendant received the said money as a joint investment in the land.”

2) As of July 30, 1997, the Deceased and the Defendant drafted a sales contract with the content that the Defendant purchases shares in the H’s name in the entire land of this case for KRW 250 million. Based on this, the Defendant, on April 13, 1998, issued a provisional disposition on the ground that he/she had the right to claim the transfer registration of H’s ownership as the right to be preserved (hereinafter referred to as “provisional disposition”).

arrow