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(영문) 서울북부지방법원 2019.05.23 2018가합20495
소유권이전등기
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant C (Counterclaim Plaintiff) is entitled to KRW 79,524,789 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The pertinent Plaintiff of the parties is a de facto marriage spouse living in D (U.S. name: E) and in California for not less than 15 years in California, and the Defendants are children of F, who are the former domicile of D and F.

B. D’s private donation 1) D’s each real estate listed in the separate sheet in accordance with the U.S. law on July 23, 2014 (hereinafter “each of the instant officetels”).

(2) On August 1, 2014, the Plaintiff prepared the original trust agreement with the Plaintiff to transfer all his/her own property, including B, to C, who is a child, and drafted an amendment to the contents of the original trust agreement (Article 3, 6, and 11) by adding to the Plaintiff all of the instant officetels to make a private donation or testamentary gift (hereinafter “instant amendment to the trust agreement”).

2) Of the amendment to the instant trust, the part concerning each of the instant officetels is as follows. A specialist was not married with G, but lived with G for 15 years. A principal donated USD 100,000 (H bank No. 1) to G on July 21, 2014, and real estate owned by the principal in the Republic of Korea (presumed or bequeathed) as indicated in Article 6.03 of the Trust Act.

In return for the above donation, G does not receive any property of the principal except as provided in Article 8 of this Trust.

I recommended that their attorneys be consulted with lawyers in Korea regarding the donation of real estate in Korea as stated in this trust. 6.03.

After the donation to G, the principal wishes to distribute all of his remaining property to C and B equally as provided for in this Trust Contract.

6.03 To the extent that specific statutory donation of real estate located in Korea is permitted, the consignee shall be in respect of all his rights, names, and the following real estate owned by him at the time of donation for the following real estate located in Seoul.

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