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(영문) 광주지방법원 2016.06.01 2015가단33712

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The premise facts (with no dispute) and the Plaintiff, the Defendant, and D et al. are deceased of the deceased E on October 17, 1997, and the registration of ownership transfer was completed on June 15, 1998 in the name of the Defendant on the ground of the agreement on the division of inherited property with respect to the Fran-gu Daejeon, Daejeon (hereinafter “instant real estate”).

2. The plaintiff's assertion that the real estate of this case was once transferred to the defendant, and since the defendant agreed to settle the real estate of this case to the plaintiff and G, it is obligated to pay KRW 100 million to the plaintiff's share of the market price of the real estate of this case over KRW 300 million according to the agreement.

3. We examine whether there was a settlement agreement between the Plaintiff and the Defendant.

There are evidence consistent with the plaintiff's argument D's testimony and evidence Nos. 4 and 5.

However, considering the fact that D, based on the settlement agreement of the Plaintiff’s assertion, has an interest in obtaining settlement from the Defendant, the testimony and statement alone are insufficient to recognize the Plaintiff’s assertion.

According to Eul evidence 1, it is difficult to find any consultation about the real estate of this case, except as to the real estate of this case as owned by the defendant, at the time of the division of inherited property.

Since the plaintiff's assertion is not sufficiently proven, the claim of this case is dismissed as it is without merit.