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(영문) 광주지방법원 2014.03.21 2013가합7297

소유권이전등기 등

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1. The defendant is due to the exchange from the plaintiff on September 9, 2003 regarding the real estate stated in the attached list 1 and 2.

Reasons

1.The following facts may be acknowledged either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4:

The deceased C (hereinafter “the deceased”) died on March 30, 2002, and the Defendant is the deceased’s spouse, and the Plaintiff, D, E, F, and G are the deceased’s children.

B. On September 9, 2003, the Plaintiff, E, G, Defendant, and D’s agent attorney H, and D’s attorney-at-law I drafted a written agreement on the deceased C’s inherited property (hereinafter “instant agreement”) along with the agreement attached thereto (hereinafter “instant separate agreement”). The main contents are as follows.

Agreements shall be made in writing.

2. (3) The successors shall implement the agreed terms and conditions without fail.

If the agreed matters are not observed, a separate lawsuit shall be instituted, but the other party shall not raise an objection, and the other party shall not institute a lawsuit with respect to the inheritance of this case after the agreed matters have been implemented.

(4) Additional tax burden, such as costs of litigation, costs of mediation, and registration costs, shall be borne by each party.

(5) The claimant (D and E)’s instant claim and the Defendant’s claim for the contributory portion are withdrawn.

Matters agreed separately shall be separately agreed.

3. With respect to the real estate listed in paragraphs (1) and (2) of the attached list Nos. 1 and (2) (hereinafter “real estate Nos. 1 and 2”) to the Defendant, the Defendant shall implement the procedure for the registration of ownership transfer for one-half share of the real estate listed in paragraph (3) of the attached list No. 3 (hereinafter “instant third real estate”) to the Plaintiff on September 9, 2003.

Expenses incurred thereby shall be borne by each person.

C. On April 3, 2013, the Defendant leased part of the instant third real estate to J KRW 70,00,000, monthly rent of KRW 3,000,000, and period of lease from April 5, 2013 to April 4, 2015, for the purpose of a pharmacy, and received KRW 70,00,000,00.

The Plaintiff’s shares among the instant 1 and 2 real estate and the 1/2 of the instant 3 real estate, and the Defendant’s third real estate.