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(영문) 창원지방법원 2017.04.13 2016가합52005
위자료
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 1, 1964, the Plaintiff was married with C, and the Defendant had been married with C as a legally married couple. After the divorce, the Defendant, together with his children, had been married with C at around 2004, first met with C residing in the same Dong Dong Dong Dong Dongdong, and thereafter C maintained a friendly relationship with the Defendant and his children from time to time until December 14, 2014.

B. From October 2013, C commenced aviation cancer treatment due to liver cancer, etc., from around June 2014, C showed awareness disorder and Albibimere due to brain malutism, etc., and eventually died on December 14, 2014.

C. From 2007 to 2007, the Plaintiff resided in the apartment complex located in Busan Seo-gu and visited Kim Jong-si residing by C, and around July 2014, the Plaintiff filed an application for divorce with C and filed an application against C for provisional attachment of claims and provisional disposition prohibiting disposal of real estate (the Changwon District Court 2014 businesshap1007 and the court 2014 businessdan10027). However, upon the aggravation of C’s health, the above application was entirely withdrawn on September 1, 2014.

C On September 3, 2014, on the same day, the Plaintiff donated the foregoing apartment D located in the Busan Seo-gu and completed the registration of ownership transfer on the same day, and the same month.

8. The author prepared a memorandum of waiver of property with the purport that “as to the Defendant’s monetary transactions for the ten-year period and monetary transactions of KRW 450,000,000, which were conducted in 2014 with the Defendant, transfer all his own property to the Plaintiff.” On the 18th of the same month, the author drafted a letter to the effect that “as to the Defendant, approximately KRW 440,000,000 shall be transferred to the Plaintiff.”

E. Meanwhile, from around 2007, C paid the Defendant living expenses, etc. over several hundreds. From January 17, 2014 to July 2, 2014, C paid approximately KRW 347,00,000 in total over ten times during the period between January 17, 2014 and July 2, 2014. On July 7, 2014, C visited the Defendant with the outside of Busan Bank points and visited KRW 100,000 in its account.

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