Son Who Tried to Evict 90-Year-Old Caregiver Who Raised His Father... Lost to Father in Court

Father Provides Residence to Nanny Under Son's Name
Son Sues to Evict Nanny... "Pay Rent Too"
Court Dismisses Son's Lawsuit, Declares Father as Actual Owner

A son tried to evict a nonagenarian nanny who had cared for his father during his childhood, but the court dismissed the case. The court sided with the father, supporting the nanny against the son. This case was also selected as an outstanding legal aid case of the year by the Korea Legal Aid Corporation.

According to the Korea Legal Aid Corporation on the 8th, the nanny once lived with Mr. A, raising him and handling household chores. However, as she aged, she left the house and lived in hardship as a basic livelihood security recipient, sustaining herself by collecting recyclables. Moreover, she began showing symptoms of dementia.

Feeling sorry for her situation, Mr. A purchased a 7-pyeong (23㎡) officetel in July 2014 and provided it as a residence for the nanny. However, the officetel was registered under the name of his son. This was to transfer the officetel to his son, Mr. B, upon the elderly nanny’s death.

However, in 2021, Mr. B, in his 40s, filed a lawsuit demanding that the nanny vacate the officetel and pay approximately 13 million KRW in overdue rent. Mr. B claimed that he purchased the officetel with money he had saved from his professional work and loans.

Mr. A supported the nanny by volunteering as her adult guardian, and the first-instance court ruled, “The actual owner of the officetel is the father, Mr. A,” dismissing Mr. B’s claim. The decisive evidence was the testimony of a licensed real estate agent and the seller, stating that at the time of the officetel sale, Mr. A signed the purchase contract and only entrusted the title to his son.

Separately, Mr. A filed and won a lawsuit to cancel the ownership transfer registration, arguing that the officetel’s registration under his son’s name was invalid. Ultimately, Mr. B lost ownership of the officetel and had to return it to his father. The Seoul Eastern District Court also dismissed Mr. B’s claim in the appeal trial, siding with the nanny.

Kim Ki-hwan, a lawyer affiliated with the Korea Legal Aid Corporation who represented the nanny in the lawsuit, said, “According to the legal principle of title trust, winning this case was not easy.” He added, “The father’s determination, who did his best without forgetting the grace of the one who raised him, led to the victory.” The Korea Legal Aid Corporation selected this case as an ‘Outstanding Legal Aid Case of 2023.’

Meanwhile, other outstanding cases included a victim’s compensation claim after a fall accident from a ventilation shaft in an apartment complex resulting in quadriplegia, and a case recognizing emotional child abuse against a child exposed to verbal abuse while riding a taxi.