beta
(영문) 창원지방법원 2015.05.21 2014가합5920

약정금 등

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. On March 3, 1917, I owned and managed the forest of J 61,569 square meters (hereinafter “instant forest”).

B. I had K, L, and M under the slot, and K had N et al.’s children under the slot, and N had N et al.’s children under the slot.

M had O, A, P, Q, Plaintiff D, Plaintiff E, and Plaintiff F under the slot.

On the other hand, Plaintiff B's identification, Plaintiff C's A, and Defendant H are children of Q.

C. On October 30, 1970, Defendant G completed registration of preservation of ownership of the forest of this case in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Forest Land.

On March 25, 2011, Defendant G entered into a sales contract with R and S to sell the instant forest, and around May 201, Defendant G prepared and executed to Defendant H a letter stating, “A shall pay part of the purchase price to Defendant H when selling the instant forest in the presence of Plaintiff A, Plaintiff B, T, and U: and “A shall promise to pay KRW 350 million to H (the conditional arrangement must be completed)” (hereinafter referred to as “each of the instant notes”).

E. Meanwhile, against the Defendant G, who is the child of T andO (hereinafter “relevant, V, Defendant H, and W”), which is the child of the O, filed a lawsuit seeking cancellation of registration of preservation of ownership relating to one-third of the forest of this case among the forest of this case with the Changwon District Court’s branch branch. Defendant G filed a counterclaim for confirmation of existence of obligation on the ground that there was no obligation to pay KRW 350,000,000 to the relevant Plaintiffs pursuant to each written form prepared around May 201.

[Defendant G did not have any obligation of KRW 350,00,000 for the obligation to be paid to Defendant H on October 17, 2013, and the obligation to be paid to Defendant H did not exceed KRW 350,000,000, while the obligation to be paid to Defendant H did not exist, the claim of the relevant Plaintiffs and the Defendant of the instant case.