(영문) 서울남부지방법원 2018.04.03 2017가합1173

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.04.03 2017가합1173

공정증서무효확인

Text

1. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit shall be dismissed.

2. The plaintiff (Counterclaim defendant) is about 600,000.

Reasons

1. Facts of recognition;

A. On March 19, 2017, the Plaintiff sold the Yeongdeungpo-gu Seoul Metropolitan Government Ero 199.3 square meters and multi-family house on its ground to D for KRW 1.67 billion.

B. On May 18, 2017, the Plaintiff and the Defendant, the largest children of the Plaintiff, entered into a gift contract with the following contents (hereinafter “instant gift contract”) with respect to KRW 600 million, which is part of the above purchase price, and entered into a letter of certification for the instant gift contract (No. 1805, a notary public, in 2017, written a joint law office (hereinafter “instant certificate”).

The donor A (hereinafter referred to as the “Plaintiff A”) and the donee B (the Defendant; hereinafter referred to as the “Defendant B”) shall enter into a gift agreement as follows:

[Article 1] This Agreement is concluded upon promising that the following cash, out of the housing sale price of “A” (referring to the Seoul Yeongdeungpo-gu Seoul Metropolitan Government E large 199.3 square meters), be donated to “B” free of charge, and “B” is a gift contract.

A. Article 2 of the former 【B” provides that the donation period for “B” shall be made on June 5, 2017 at which the balance is last made, and at the same time, the donation contract shall be completed by delivering cash under Article 1 and taking over the cash at the same time.

(60 million won) 【A” promises to pay 150% of the value of the gift to “B” in the event of the violation.

【A” referred to in Article 4 shall be prescribed by the following special terms and conditions, and shall not be absolutely violated:

1. “A” does not bring any civil or criminal action after donation to “B”.

2. The “A” promises that the child (F, G, H) of the “A” does not bring a civil or criminal lawsuit, and if the violation is committed, the sum of the amount to be donated or inherited to the child of the “A” and the real estate should be reverted to “B”.

3. “A” does not return or cancel the amount of gift granted to “B”.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 3, and .

유사 판례

-수원지방법원성남지원 2014.10.07 2013가합203662

-서울서부지방법원 2016.05.19 2015가합37887

-서울서부지방법원 2016.08.18 2016가합31077

-서울중앙지방법원 2017.04.25 2016가합562293

-창원지방법원 2018.08.16 2017나60823