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(영문) 수원지방법원 2017.12.21 2016가합74862

정산금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The RN, networkO, Plaintiff D, F, G, E, and H are brothers and sisters of net P and net Q.

Plaintiff

B and C are the successors of the networkO, and the Defendants are the successors of the network N.

B. N, on August 19, 1969, from Q Q with respect to each one-half portion of the real estate listed in [Attachment 1-1-2] No. 1-2 of Q, from P with respect to the real estate listed in [Attachment 1-3] No. 2 of December 2, 1969, from P with respect to the real estate listed in [Attachment 1-4] No. 1-2 of July 4, 1969, and from P with respect to the real estate listed in [Attachment 1-5] No. 1-2 of [Attachment 1] on October 14, 1969.

C. N died on October 30, 2015, and the Defendants inherited N’s property.

[Ground of recognition] Unsatisfy, Gap's statements (including additional numbers), Gap's evidence Nos. 1, 3 through 5, 8, the party's examination results against plaintiff D, the purport of the whole pleadings

2. Around July 1982, N,O, Plaintiff D, F, G, E, and H agreed to establish a standard for distributing the inherited property of P and Q (hereinafter “instant agreement”). The main contents of the agreement are “P and Q death business, the ownership of the land transferred on May 5, 1969 shall be the ownership of the owner, and the land transferred after May 5, 1969 shall be the joint ownership. The ownership transferred after the disposal of the shares shall be 4, 3.5, 5, 3.5, 3.5, 7, 3, 7, 1, 1, 300 women, 1, 33 women, 3 women, 1, 33 women, 1, 300 women, 1, 1, and 1 women.”

According to the instant agreement, N,O, Plaintiff D, F, G, E, and H distributed the proceeds from the disposal of the land (former lot number S) and T and U land in Nam-gu Incheon Metropolitan City. At the time, Plaintiff A, E, and G residing in the U.S. at that time delegated all the authority on the settlement of the above purchase price to Plaintiff H residing in Korea and received the distribution of the proceeds.

However, since N acquired each real estate listed in attached Form 1 from P and Q after the date of entry into the above agreement, each real estate listed in attached Form 1 is subject to distribution by the agreement of this case.