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(영문) 서울서부지방법원 2017.04.19 2016가합35109
손해배상 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status quo D (Death in 1994) and deceased E (Death in 2010) were married couple, who had F (1944), A (1945), the Defendant (1947), G (199), and Plaintiff B (1952).

B. With respect to the building and the above ground of Yongsan-gu Seoul Metropolitan Government H large 212 square meters (hereinafter “H land”) and the building owned by D with a real estate ownership network, the registration of transfer of ownership based on the sale and purchase on June 20, 1984 was completed in sequence on July 10, 1986, and the registration of transfer of ownership based on the sale and purchase on July 10, 1986.

On June 5, 1985, the registration of ownership transfer made on April 20, 1985, and on July 10, 1986, the registration of ownership transfer made on July 10, 1986, which was owned by the Republic of Korea.

The registration of ownership transfer was completed on July 23, 1986 on July 23, 1986 with respect to the Yongsan-gu Seoul Metropolitan Government 226 square meters and its ground buildings owned by J Co., Ltd.

C. On June 30, 2015, the Defendant sold each of the said real estate (hereinafter collectively referred to as “instant real estate”) to the next parcels Co., Ltd., and completed the registration of ownership transfer on the same real estate around August 2015, following the sale of the said real estate (hereinafter referred to as “instant land”).

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, and five (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Around July 1986, the plaintiffs' assertion and the defendant concluded the following pro rata gift agreement.

① The Plaintiffs donate the instant real estate to the Defendant.

② The Defendant newly constructed a high-rise building following the removal of the instant building on the instant land, providing the Plaintiffs, the network D, and the network E with housing, and paid living expenses to the Plaintiffs. The living expenses during the new construction period of the said building shall be one lump sum, and the subsequent living expenses shall be one.

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