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(영문) 서울중앙지방법원 2018.08.31 2016가단49816
소유권이전 등
Text

1. The Defendant’s KRW 121,666 each of the Plaintiffs and its related KRW 5% per annum from April 27, 2015 to August 31, 2018.

Reasons

1. Facts of recognition;

A. On June 16, 1941, the network D (hereinafter “the network”) married with the network E, and had the Plaintiff, Defendant, F, G, Plaintiff B, and H as their children, and died on April 25, 2015.

B. The deceased divided it into eight households (101, 102, 103, 201, 202, 203, 202, 302, and 303) of a row house located on the ground of Gangnam-gu I, Seoul. 101, for the plaintiff A and their children on June 26, 1997, 102 (hereinafter “instant 102”), for the plaintiff A and their children on July 8, 1992, 103, for the plaintiff B’s husband on June 26, 1997 and their families on June 26, 199, 203, F on April 26, 1996, 302, and 302, for each of the defendant’s family members on March 26, 200 and 301, 306, respectively, and transferred the ownership transfer to the defendant’s family members on March 36, 2013 and 97.

Since then, on April 26, 2005, with respect to 201, except for the real estate indicated in the separate sheet (hereinafter “instant No. 202”) on which the deceased resided among two generations remaining after donation to his children, the deceased has completed the registration of transfer of ownership by additionally donating it to K and K’s spouse, a child of Plaintiff A, and L.

C. As above, the Deceased, even after having donated a tenement house to his children, has entered into a lease contract and received a security deposit.

The Deceased entered into a lease agreement on February 22, 2012 as to the instant 102, donated by the Plaintiff B under the name of her husband J, and received the lease deposit amount of KRW 50 million from the deceased’s account, and even during the monthly rent, it was paid to the deceased’s account.

On January 208, 2008, immediately before the death of the deceased’s mother, the Defendant, as his mother, moved to the said tenement house 302, on his own donation, and lived with the deceased, and also performed management affairs, such as the lease of the tenement house.

E. F was almost few in Korea following the change of nationality to the United States on July 3, 2002, and the management of F’s 203 donation from the deceased was made to the deceased.

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