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(영문) 수원지방법원 안산지원 2018.09.13 2017가합9913
증여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 5, 1990, Plaintiff A and Selection E were legally married couple who reported a marriage, and on April 10, 1998, the Suwon District Court (97d13212) rendered a judgment of divorce, and the said judgment became final and conclusive on May 26, 1998, and on September 14, 2015.

B. Plaintiff B is the children of Plaintiff A and Selection E.

C. G and Appointors D are the parents of Appointors E, and Appointors F are the male students of Appointors E, and the Defendant is the female students.

G (H) died at the beginning of 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiffs’ assertion 1) even after the divorce, Plaintiff A had been frequently contacted with G and continued to meet staticity, and G had a lot of talks about the Plaintiff’s designated parties and the Defendant living in an unfolded manner with the suppression from the Defendant. From 2014 to 2015, G had been able to well look at the Plaintiff’s himself and herself several times, and had the mind to give KRW 200 million to Plaintiff A with the mind of mind and KRW 100 million to Plaintiff B, who is the hand of the house. On February 26, 2015 and May 25, 2015, and October 7, 2015, the commitment certificate containing the above contents (hereinafter “instant commitment certificate”).

(2) Each of the instant donations was drawn up. G, however, died without fulfilling the said gift obligation. Accordingly, G and its heir are obliged to pay the said gift amount to the Plaintiffs according to their respective shares of inheritance. (2) It was true that Defendant A had exchanged with G, but G did not have any donation of money to the Plaintiffs.

Each commitment document of this case is forged by the plaintiffs.

B. In light of the following facts or circumstances, Gap evidence Nos. 4 through 6 (each of the certificates of commitment in this case) and the purport of Gap evidence Nos. 10 to 16, Eul evidence Nos. 1, 2, and 6 (including the pertinent numbers) are acknowledged by the whole purport of the pleadings and the whole purport of the arguments, the following facts or circumstances are established.

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