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(영문) 의정부지방법원 고양지원 2021.01.14 2019가단83287
소유권말소등기
Text

Plaintiff

All the claim of the deceased A against the defendant is dismissed.

The costs of the lawsuit are assessed against the plaintiff A.

Reasons

1. Basic facts

A. On July 1, 2013, A, a child of the Defendant and the Plaintiff’s Party B (hereinafter only indicate Plaintiff A’s transferee of the lawsuit, “the Plaintiff”) donated each one-half share of the real estate (hereinafter “the instant real estate”) indicated in the separate sheet (hereinafter “the instant gift”). On July 2, 2013, A completed the registration of transfer of ownership (hereinafter “registration of transfer of ownership”) with respect to the instant real estate as the Defendant’s High Court Decision 99873 on July 2, 2013, as the receipt of the aforementioned real estate (hereinafter “registration of transfer of ownership”).

B. On July 28, 2017, A, the Defendant, and Plaintiff B prepared an attached donation agreement with respect to the instant donation, and the notary public certified as a letter of apology No. 2702 by Ministry E, etc., Law Firm E, etc. in 2017.

(c)

On March 26, 2018, the Defendant, Plaintiff B entered into a lease agreement (hereinafter “instant lease agreement”) with the F on March 26, 2018, setting the deposit amount of KRW 50 million, monthly rent of KRW 2.2 million on March 10, 2018, from March 26, 2018 to March 25, 2023.

(d)

A, according to the instant gift agreement, the monthly rent of KRW 2.2 million has been directly received from F on the 10th day of each month under the instant lease agreement on the instant real estate.

E. On May 2019, the Defendant: (a) sent 1.1 million won out of the monthly rent of KRW 2.2 million of the instant real estate to F, on the 10th day of the monthly rent of the instant lease agreement, would directly deposit the instant real estate into its own account; and (b) said, A would have inserted the instant real estate into F so that he would have fluencing 1.1 million won of the monthly rent of KRW 1.1 million.

F. At the Defendant’s request, on May 10, 2019, F deposited KRW 1.1 million out of the monthly rent of KRW 2.2 million under the instant lease agreement to the Defendant, and F deposited KRW 1.1 million to A.

사. 이에 A은 2019. 5. 19. 피고에게 이 사건 부동산의 월 차임 110만 원을 피고가 가로챘다고

The phone calls were made.

(h) thereafter A.

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