(영문) 인천지방법원부천지원 2015.11.13 2015가합100159

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(영문) 인천지방법원부천지원 2015.11.13 2015가합100159

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1. The Defendant: (a) KRW 12,857,142; (b) KRW 8,571,429; and (c) KRW 8,571,429 for each of the said money to Plaintiff A and each of the said money to Plaintiff B and C.

Reasons

1. Basic facts

A. As the spouse, Plaintiff B, and C of the deceased’s child of the deceased E (hereinafter “the deceased”), the Plaintiffs are the inheritors of the deceased.

B. On March 31, 2010, the Deceased concluded a lease agreement between F and F on the lease agreement with the Defendant’s father-gu H apartment Nos. 216, Seocheon-gu, Seocheon-gu, Hocheon-gu, H apartment No. 216, 60 million won.

C. On February 24, 2012, the deceased’s donation to the Defendant donated one-half shares of the real estate indicated in the attached list owned by the deceased (hereinafter “instant real estate”) among the real estate indicated in the deceased’s list on the condition that the Defendant and the Defendant would nursing and look for the deceased and return the transferred shares to the deceased by the time they died, and that the transferred shares should be returned to the deceased, and the Defendant completed the registration of ownership transfer on March 7, 2012.

(1) Around October 2011, the Defendant prepared a cash custody certificate for KRW 40 million to the Deceased.

(2) On December 30, 2012, the Defendant prepared a cash custody certificate for KRW 170 million to the Deceased.

(3) On May 30, 2014, the Defendant prepared a letter of intent to return it by June 30, 2014, since the Deceased’s deposit amounting to KRW 30 million was kept by the Deceased and was arbitrarily useful.

(4) On September 13, 2014, the Defendant kept custody of KRW 25 million to the Deceased, and where the Defendant arbitrarily uses it, the Defendant prepared a letter of commitment that the Deceased would donate it to the Defendant if he/she had a well-known promise with the Deceased.

(5) Around October 2014, the Defendant prepared a loan certificate of KRW 48 million to the Deceased.

(6) On October 10, 2014, the Defendant drafted a loan certificate of KRW 20 million to the Deceased.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 18 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' arguments.

유사 판례

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