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(영문) 대구지방법원 2013.01.17 2009가합13587

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased G (hereinafter “the deceased”) died on October 16, 2008. At the time of the deceased’s death, the deceased’s co-inheritors were the wife, the original Defendant, I, J, K, and L.

B. On March 2, 2009, Defendant D, E, and F paid part of the land to Plaintiff B, KRW 1 billion, KRW 1 billion, and KRW 1 billion to Plaintiff A, and acquired all the rights (including legal reserve) related to the inheritance shares from the Plaintiffs equally.

C. On March 2, 2009, the original Defendant, H, I, J, K, and L drafted an agreement on the division of inherited property on March 2, 2009. On the same day, the Plaintiffs drafted the agreement (Evidence B No. 4; hereinafter “instant agreement”). The content of the instant agreement is as follows.

1. On March 2, 2009, the Plaintiffs confirmed that a written agreement on the division of inherited property (general, real estate) was made with other inheritors on March 2, 2009, and that the inheritance issue was terminated, and that the heir received KRW 1 billion in the amount of inherited property jointly and severally from the Defendants.

2. The terms and conditions of the agreement on the division of inherited property (general, real estate), and the plaintiffs' inherited property division amounting to one billion won, except for all other inherited property (including national tax refund, deposits, stocks, insurance, securities, etc.) such as real estate, stocks, cash, etc. due to the death of the deceased, the plaintiffs shall waive their inheritance and promise not to receive inheritance.

3. The Plaintiffs, as of March 2, 2009, signed an agreement on the division of inherited property (general, real estate) and this letter of undertaking on March 2, 2009, give up all rights related to inheritance, and subsequently, agree not to file all legal claims, such as a request for adjudication on division of inherited property, a claim for the return of legal reserve (including provisional seizure and provisional disposition) due to the death

[Based on recognition, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply), and Nos. 4 (a letter of commitment, the plaintiffs' name is based on the plaintiffs' seal, and the authenticity of the whole document is presumed to have been established, since there is no dispute between the parties that the subsequent stamp image of the plaintiffs