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1. The Defendant: (a) within the scope of the property inherited from the deceased C, KRW 200,000,000 to the Plaintiff; and (b) on the same, on January 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff’s mother, who leased to the Deceased, lent KRW 150,000 to Nonparty D (hereinafter “the deceased”). On September 6, 2007, the Plaintiff’s mother leased KRW 150,000 to the deceased’s limited inheritor. The Defendant leased KRW 150,000 to the deceased.
(D on September 4, 2007, KRW 150,000,00 borrowed from the E Association shall be transferred to the deceased’s account, and Section A3).
After the lease contract, while the deceased was unable to repay the above loan debt to D for a long time, the plaintiff, who was the children of D and D, and the third person collected from D on March 20, 2017, and the plaintiff leased the apartment owned by D from the deceased in KRW 200 million, but the above loan debt that the deceased bears to D is to be paid in lieu of a part of the lease deposit.
Accordingly, the lessee and the lessor prepared a lease contract (A2) with the purport that “The lease contract amount of KRW 10 million shall be paid and received at the time of the contract, the intermediate payment of KRW 26 million shall be paid on March 24, 2017, and the remainder of KRW 164,000,000 shall be paid on December 31, 2017, and the term of the lease shall be from March 22, 2017, and the term of the lease shall be 60 months from March 22, 2017.” The Deceased paid the down payment of KRW 164,000 and the intermediate payment of KRW 26,00,000 from the Plaintiff, but according to the agreement that the Plaintiff would substitute for a partial payment of the lease deposit, the Plaintiff delivered the apartment to the Plaintiff and had the Plaintiff reside in the apartment.
C. On April 17, 2019, the deceased’s death and inheritance-related lease period was determined to the effect that the deceased would pay a total of KRW 200 million to the Plaintiff and D (A9). On April 28, 2019 immediately thereafter, the deceased died as suicide. Accordingly, on July 2019, the Defendant, who was a punishment for the deceased, was inherited as the Daejeon Family Court 2019Mo923.
After the voluntary auction of real estate, the above apartment on December 2019.