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Defendant B shall pay to the Plaintiff KRW 211,50,000 as well as 12% per annum from July 9, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendants are legally married couple who completed the marriage report on July 21, 2006, and the Plaintiff is the mother of Defendant B.
On May 13, 2019, Defendant C filed a claim suit against Defendant B, including divorce, with Seoul Family Court 2019dhap7273, and the said lawsuit is currently pending.
B. Around May 27, 2008, the Defendants entered into a real estate lease agreement with D with respect to the Mapo-gu Seoul E apartmentF (hereinafter “instant E apartment”) with the deposit money of KRW 190 million. On July 22, 2008, the Plaintiff, who is the remainder date of the said lease agreement, deposited KRW 80 million from the Plaintiff’s account and issued the same amount of deposit.
C. On January 30, 2011, the Defendants entered into a real estate lease agreement with G on the deposit money for H apartment I (hereinafter “H apartment”) with the Seoul Mapo-gu Seoul Metropolitan Government H apartment I (hereinafter “instant H apartment”).
On the other hand, on March 23, 2011, Defendant C received KRW 18 million from Defendant C’s motherJ in relation to the deposit for the instant H apartment, and the Plaintiff transferred KRW 20 million to the account in the name of Defendant C’s father on September 5, 201.
On October 8, 2015, Defendant C entered into a real estate sales contract with Defendant C to purchase the Mapo-gu Seoul Mapo-gu M apartmentO (hereinafter “instant N apartment”) for KRW 450,00,00,00 with the purchase price of KRW 450,00.
On October 6, 2015, the Plaintiff transferred KRW 5 million to L’s account. On October 8, 2015, the Plaintiff issued the same amount check by withdrawing KRW 40 million from the Plaintiff’s account. Defendant C endorsed endorsed and delivered the said check to L for the payment of the down payment for the said sales contract.
On the other hand, on November 16, 2015, the Plaintiff transferred KRW 5 million to Defendant C’s account.
E. From July 1, 2015 to April 2, 2019, the Plaintiff transferred KRW 9 million to Defendant B’s account and KRW 2.5 million in total to Defendant C’s account as indicated in the following table.
The amount of money transferred by the account holder of the transfer date.