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(영문) 수원지방법원 2016.04.28 2015가합62053
소유권이전등기
Text

1. As to the Plaintiff, Defendant C’s KRW 42,857,142, Defendant D and E respectively, and each of the said money from April 1, 2015.

Reasons

1. Basic facts

A. The Plaintiff is the father of B who died on March 2, 2015 (hereinafter “the deceased”), and the Defendant C is the wife of the Deceased, and Defendant D and E are the children born between the Deceased and the Defendant C.

B. As to the real estate listed in the separate sheet Nos. 1 through 6, and 8, the registration of ownership transfer was completed in the name of the deceased on the ground of donation, and as to the real estate listed in the separate sheet Nos. 7 and 9, the registration of ownership transfer was completed in the name of the deceased on the ground

C. On September 21, 2015, as the deceased died, the registration of ownership transfer was completed in the future of Defendant E with respect to each real estate listed in paragraphs 1 through 7 of the attached list and 1/2 of the real estate listed in paragraph 8 of the attached list as well as 1/2 of the real estate listed in paragraph 8 of the attached list.

Meanwhile, around October 2014, the Plaintiff lent KRW 100 million to the Deceased.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1 through 7, and 11, the purport of the whole pleadings

2. Determination as to loan claims

A. According to the facts of recognition as above, the Plaintiff lent KRW 100 million to the Deceased on October 2014, and Defendant C (3/7), Defendant D (2/7), and E (2/7), who is the wife of the Deceased, inherited the Deceased’s obligations, according to the Plaintiff’s shares in inheritance; Defendant C, 42,857,142 won (i.e., KRW 100 million x KRW 3/7, less than KRW 3/7; hereinafter the same shall apply); Defendant D, and E, respectively, KRW 28,571,428 (= KRW 100 million x 2/7) and each of the above money, were notified of the repayment of the loan from March 5, 2015 to April 1, 2015, the following day after the expiration of a considerable period of time, to which the Defendants rendered a notice to repay the loan from March 1, 2015 to April 28, 2015.

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