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(영문) 서울고등법원 2016.01.29 2014나25186

약정(구상)금

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following payment order shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Network G was established between the deceased and South Korea, the Plaintiff in South, the Plaintiff in South, the Plaintiff in South, the Party I, and the Defendant B on December 10, 1971, after the former wife H died. 2) The Network G died on October 3, 1995. At the time of the death, the deceased spouse D, the Defendant E, and the Defendant F’s two women (hereinafter “Defendant D, etc.”).

3) The deceased J died on February 13, 2009. At the time of the death, there is no spouse or lineal ascendant or descendant at the time of the death, the Plaintiff and C, who is the third legal heir, inherited the deceased J, and Defendant D, etc. inherited the deceased I by succession. (b) The deceased on January 16, 202, the Plaintiff, Defendant B, and C, and the deceased on January 16, 2002, the deceased on January 16, 2002, by inheritance of the deceased G, and Defendant D, etc. by inheritance of the deceased.

2) On March 26, 2003, Defendant B filed a claim for the division of the deceased G’s inherited property with the Seoul Family Court 2003 Mahap36,37 (Joint) as the other co-inheritors. The above court rendered a judgment on the division of inherited property on December 30, 2004. The appeal was filed on December 7, 2005 with Seoul High Court 2005B4 and 5 (Joint) and the decision was filed on December 7, 2005 to partially change the contents of the above judgment on the division of inherited property. The reappeal was filed on March 21, 2007 with the Supreme Court 206Shap12,13 (Joint), but on March 21, 2007, the above decision on the division of inherited property became final and conclusive on March 21, 2007, the list of the Plaintiff, C, and I’s forest and forest land ownership of 30 m25 m20 m25 m25 m25.

Before the above-mentioned subdivision, the land after the subdivision is referred to as "O."