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(영문) 창원지방법원 2021.01.15 2020가단106100

약정금

Text

1. The defendant's KRW 44,463,784 per annum against each of the plaintiffs and 5% per annum from April 1, 2020 to January 15, 2021.

Reasons

1. Facts of recognition;

A. Both the Plaintiffs and the Defendant are children of the network E and network F.

B. The network E owned the land and buildings listed in the attached list, and died on September 25, 2002.

(c)

After the death of the deceased E, the land listed in the attached Table 1 as of November 19, 2008 by Changwon District Court, Kim Jong-hae, 103727, which was received on September 25, 2002, was registered as the sole ownership of the defendant by inheritance by division of consultation. The building listed in the attached Table 2, which was a unregistered building under the attached Table 103728, which was the same day of receipt of the same date, was registered as the ownership preservation under the name of the defendant (hereinafter referred to as the "real estate of this case" in addition to the land and buildings listed in the attached Table 1).

The networkF died on November 5, 2009.

Plaintiff

A, after the death of the deceased E, resided in the building listed in the attached list 2 as the net F, and continuously occupies and uses the real estate of this case while residing in the above building even after the network F death.

E. The Plaintiffs and the Defendants were children of the network E and networkF, and there was G, but the heirs died on July 8, 201, and their successors are the Plaintiffs and the Defendant.

F. The instant real property is the only inherited property of the network E, networkF.

【Unsatisfyal grounds for recognition】 Insatisfy, Gap evidence Nos. 1 through 7, Gap evidence Nos. 16 through 18 (including number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted and the Defendant agreed to borrow and use the instant real estate as collateral and then dispose of the real estate later and divide it according to the inheritance share in order to prepare support and treatment expenses of the deceased F's health, the deceased F's health, and the network F's health after the deceased E's death.

However, if the registration of inheritance by inheritance shares in the real estate of this case is made, the name of the owner of the real estate of this case for convenience is the defendant because the loan is set at a small time.

Although the netF died on November 5, 2009, the Defendant did not dispose of the instant real estate until now.