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1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s annual rate from August 26, 2015 to December 20, 2016, and the following.
Reasons
1. Basic facts
A. The deceased C (hereinafter “the deceased”) was a child of 1 South and North Korea, and the Plaintiff is a deceased’s father, and the Defendant is a mother.
The Deceased died on November 22, 2011.
B. On April 20, 2007, the Deceased donated the Defendant the Dobong-gu Seoul Metropolitan Government C and its ground brick structure and sloping roof house (hereinafter “instant 1 real estate”).
C. On February 10, 2015, the Defendant sold the instant real estate in KRW 475 million to Nonparty E and F.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) donated the instant real estate to the Defendant, and agreed with the Defendant to pay KRW 50 million, out of the price sold by the Defendant, to the Plaintiff. Therefore, the Defendant is obliged to pay the Plaintiff KRW 50 million and delay damages therefor. 2) The Defendant’s assertion that the Plaintiff sold the instant real estate to the Plaintiff did not have agreed to pay KRW 50 million to the Plaintiff when selling the instant real estate between the deceased and the deceased.
Rather, G, the Plaintiff and the Defendant’s living together, completed the registration of inheritance by division under the sole name as to H and its ground housing owned by the deceased (hereinafter “second real estate of this case”). The first real estate of this case is also inherited by the Defendant alone.
B. In full view of the evidence Nos. 1, 4 through 6, evidence Nos. 1, and evidence No. 1, witness I, and testimony of the J, the following facts can be acknowledged.
① The Deceased owned the real estate Nos. 1 and 2 of this case around 2007, and each of the said real estate was jointly inherited property of the Plaintiff, the Defendant, and I and G, who were births.
② The instant real estate No. 1 was donated by the Defendant, and the instant real estate No. 2 acquired ownership in the sole name due to inheritance by G.
I and G co-ownership of the instant real estate.