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(영문) 서울동부지방법원 2015.08.27 2014가합105828
증여금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the deceased E (hereinafter “the deceased”).

Defendant B’s mother is the deceased’s wife and the Plaintiff. Defendant C and D are the deceased and the Defendant B’s grandchildren. The Plaintiff’s grandchildren are the deceased and the Defendant B’s children. 2) The Plaintiff, a South-North deceased, son F, G, a woman, and C, a South-North son under the kis.

3) The Plaintiff was living together with the Deceased and the Defendants until the Deceased died on September 26, 1992. From the death of the Deceased, the Plaintiff was living together with the Defendants until the time the Plaintiff was hospitalized in the Medical Care Center on July 3, 2009. 4) On February 12, 2014, the Plaintiff donated 1/9 shares of the site and building located in Seongdong-gu Seoul Special Metropolitan City J on February 12, 2014 each to F wife K, his children, L, and M, respectively. From the discharge from the Medical Care Center on June 2, 2014 to the date of the discharge from the Medical Care Center, the Plaintiff resided together with G and 290,000 won a monthly rent that is paid by F while managing the building.

B. On February 22, 2011, the Plaintiff received KRW 117,202,305,000 from the Dongdaemun-gu Office as compensation for losses pursuant to the urban planning project on the N Site and Building owned by the Plaintiff, and thereafter, on February 23, 2001, the Plaintiff collected KRW 140,000 from the one’s own bank account (O) and collected KRW 20,000 from the one’s own bank account (P) and then donated KRW 140,000,000 to the Defendants as real estate purchase funds.

3. The Defendants, on February 12, 2001, purchased apartment units No. 601 on the land outside Yongsan-gu Seoul Metropolitan Government Qu and one parcel on February 12, 2001, and on March 6, 2001, Defendant B completed each registration of ownership transfer with respect to 3/7 shares among the above apartment units, and Defendant C and D completed each registration of ownership transfer with respect to 2/7 shares.

C. On July 3, 2009, the Plaintiff was hospitalized in the Medical Care Center on or around July 3, 2009, and the Defendants are under the name of the Plaintiff.

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