(영문) 서울북부지방법원 2019.11.14 2018가합23869

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(영문) 서울북부지방법원 2019.11.14 2018가합23869

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1. The Defendant’s KRW 3,031,636 to the Plaintiff, as well as 5% per annum from June 30, 2018 to November 14, 2019.

Reasons

1. Basic facts

A. The plaintiff and the defendant are children of the deceased C (hereinafter "the deceased"), and there are wife D, the plaintiff, the defendant, the E, and F. The deceased's heir of the network C.

B. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) registered as G ownership, June 1, 2016.

4.3. The registration of transfer of ownership has been completed by one half of shares in the name of the plaintiff and the defendant on the grounds of sale;

(hereinafter) The Plaintiff and the Defendant acquired 1/2 shares of each of the instant real estate (hereinafter “instant Plaintiff’s shares”) and Defendant’s shares (hereinafter “instant Defendant’s shares”).

On January 18, 2018, the Defendant completed the registration of ownership transfer based on donation on January 18, 2018 (hereinafter “the registration of ownership transfer”) with respect to the Plaintiff’s share, thereby owning the entire share of each of the instant real estate.

On the other hand, the Deceased died on January 20, 2018. At that time, the Deceased had deposit claims of KRW 16,509,527, and KRW 16,674,659, including KRW 165,132, to the I Association.

(hereinafter “instant deposit claim”). After the deceased’s death, the Defendant withdrawn KRW 16,674,00 among them.

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 2, and 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. On the premise that the Plaintiff, on April 3, 2016, purchased each of the instant real estate from G that was the previous owner of each of the instant real estate on April 3, 2016, and the so-called contract title trust that is purchased one-half of the shares in the name of the Defendant, the Plaintiff sought against the Defendant the payment of the purchase price of the instant real estate, KRW 189,00,000, and delay damages, and KRW 2,516,100, including acquisition tax, and delay damages.

A person who actually purchased each of the instant real estate from G on April 3, 2016.

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