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(영문) 춘천지방법원원주지원 2020.08.14 2020가단53233

청구이의

Text

1. The defendant's notary public against the plaintiffs is based on the No. 564 of the 2019 deed prepared by Law Firm E.

Reasons

1. Facts of recognition;

A. On August 30, 2019, Nonparty G, the wife of the Plaintiffs and the Defendant, was deceased as Nonparty G.

B. The Plaintiffs and G drafted an agreement on renunciation of inheritance and gift contract (hereinafter “instant agreement”) with the following content:

1. The Plaintiffs jointly and severally conclude a donation contract with a cash donation of 380 million won among the property inherited due to the death of the deceased F, and pay 380 million won until November 8, 2019.

2. The Plaintiffs recognize compulsory execution where the Defendant fails to pay 380 million won in cash by November 8, 2019.

The plaintiffs shall execute the certificate of promissory note subscription containing the phrase of recognition of compulsory execution as to the above paragraph (1) to the defendant.

Upon receipt of a receipt of 380 million won in cash, the defendant shall prepare a receipt and notarized it to the plaintiffs.

3. G shall submit to the competent court a declaration of renunciation of inheritance, when the certificate of contribution to a promissory note containing the phrase of a compulsory execution recognition as to the above paragraph (1) is completed.

4. Since the Plaintiffs promised to jointly and severally pay 380 million won to the Defendant, G determines the waiver of inheritance, where the Defendant does not pay 380 million won to the Defendant by November 8, 2019, G has revoked the waiver of inheritance on the grounds of deception and mistake, and the Plaintiffs recognize it.

5. In cases where a dispute arises, such as a lawsuit seeking revocation of a fraudulent act, due to the obligations of G persons who have renounced inheritance, the G persons who have renounced inheritance shall be responsible for coping with the lawsuit at the expense of attorney appointment, etc.

C. The Defendant issued a promissory note with the issuer as the Plaintiffs and the payee as the Defendant, with the issuance price of KRW 380,000,000,000,000 on October 1, 2019, and the due date of November 8, 2019. In the event that the Plaintiffs delay the payment of the amount of the promissory note, the Defendant’s issuance of the promissory note as stated in the Disposition No. 1 to the effect that no objection is raised even if they are immediately subject to compulsory execution.