Inheritance to Elementary School Granddaughter, Son's In-Laws Secretly Took Newborn After Son Lost Consciousness [Seocho-dong Legal Story]

[Asia Economy Reporter Kim Daehyun] 'I confirm that I am the same person as the registrant. Kim○○'

July 16, 2018. This phrase was written in the 'Confirmation Signature Section' during the registration application process after an apartment in Seocho-gu, Seoul, under businessman Mr. Kim's name was sold.

However, Mr. Kim, who was in a coma at the time, could not have written this phrase. He had visited the emergency room on June 5 of that year due to a severe headache, lost consciousness, and collapsed, passing away on August 8, about two months later. Hospital officials stated that Mr. Kim did not regain consciousness during this period.

The background involved Mr. Kim's mother, Ms. A (85). She signed the sales contract and stamped it under the name of her son, who had divorced his wife, Ms. B. The person who purchased the apartment was also the lawyer representing Mr. Kim in his divorce lawsuit. Without this contract, the apartment could have been inherited by Mr. Kim's only daughter, Ms. Kim (then 9 years old), an elementary school student.

Ms. Kim and her legal guardian Ms. B filed a lawsuit requesting the cancellation of the ownership transfer registration, demanding the return of the apartment ownership. On the other hand, Ms. A, who proceeded with the contract, claimed that the registration was transferred after she had been fully entrusted with her son's property disposal rights.

On the 16th, Judge Kim Jae-eun of Civil Division 97 at the Seoul Central District Court ruled, "The ownership transfer registration in this case should be regarded as invalid because a third party completed it using the deceased's seal without authorization," siding with Ms. Kim and Ms. B.

Judge Kim also noted Ms. A's criminal record in the judgment. In fact, Ms. A was criminally prosecuted for fraud and forgery of private documents under the Act on the Aggravated Punishment of Specific Economic Crimes and received a suspended prison sentence confirmed by the Suwon High Court in 2020. On the day Mr. Kim died, she conspired with his sister to forge his bank deposit transaction applications and embezzled approximately 548 million KRW from the bank over six occasions.

At the time, Ms. A's side argued in the first trial conducted by a citizen jury that the money was used to repay her son's personal debts, funeral and hospital expenses, wages and rent for the business, and construction payment debts. They claimed that her son had failed in business due to a lack of financial sense, and after learning of several hundred million KRW in debts before his death, she was entrusted with managing his assets and handled the affairs on his behalf. The seven citizen jurors unanimously found her guilty, consistent with the court's ruling.

Meanwhile, Ms. Kim and Ms. B filed a separate lawsuit against Ms. A and her aunt for damages amounting to 3 billion KRW, related to a business jointly invested in by Mr. Kim and his sisters. Ms. B's side claims that construction payments and business expenses for a variety store and convenience store jointly invested in by Mr. Kim and his sisters around Gangnam Station in Seoul were paid with Mr. Kim's money after his death. The case is currently being heard by Civil Division 31 (Presiding Judge Kim Jisuk) at the Seoul Central District Court.

At the damage claim hearing held on the 3rd, a tax accountant who assisted Ms. B in the construction payment process testified. He said, "While negotiating for a discount on the construction fee with the interior company, I explained that 'the mother is paying the money on behalf of her deceased son.' It was a well-intentioned lie." In response, the lawyer representing Ms. Kim raised their voice, saying, "Isn't the other party deceived into thinking that Ms. B is paying out of her own pocket on behalf of her son, and thus gave the discount?" The next hearing is scheduled for May 18.

This content was produced with the assistance of AI translation services.