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(영문) 의정부지방법원 2018.09.19 2017가단105425

추심금

Text

1. The Plaintiff:

A. As to Defendant C’s KRW 52,038,58 and its KRW 49,460,822, Defendant C, from January 3, 2017, and 2,577 among them.

Reasons

1. Basic facts

A. The Defendants’ preference F (F, G)’s permanent domicile is “Seoul Jung-gu H”, the original domicile is “Seoul Jung-gu H,” the address was “Seoul Jung-gu J” on September 11, 1967, and made a move-in report to “K” on September 11, 1967, and again made a move-in report to “Seoul Yongsan-gu L” on April 15, 1968, and died on September 3, 1971.

The death of F, M (N, the wife of F, died on January 2, 1961, while the head of South-NamO died in unmarried on February 20, 1957), 3 South P, 5 South Q (the 4 South R died on January 25, 1962), 100, 200, 3 South-Nam P, 5 South Q (the 4 South R died on April 21, 1980) were jointly inherited F's property.

Since then, after the death of M on March 9, 1995, the defendant C, D, and E, the wife of U and his wife, jointly succeeded to the property of M, and on November 26, 2010, the S died on the part of his children, and the V renounced his inheritance.

The respective inheritance shares of the Defendants, Q, U, and W jointly inherited the F’s properties are as follows:

Name Inheritance Shares 1 Q 612/1683 2 U 306/1683 Defendant C 204/1683 Defendant D 4 Defendant D 204/1683 5 Defendant E E 204/1683 6W 153/1683

B. On November 10, 2010, the Defendants, Q, U, and W entered into an agreement on litigation with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) regarding the following (hereinafter “instant agreement”) (hereinafter “instant agreement, and the agreed part on contingent remuneration”).

1) An article indicated by the heir’s right to receive: X-si, Namyang-do and 41 parcels (the indication of an article in inheritance shall be notified to the heir later, and the heir’s representative and attorney’s representative shall indicate and test the article;

In the absence of an identification of inherited property and in the event of the damage of tapes attached above specific lot numbers, this Agreement shall become invalid as a source) the representative of the inheritor Q, and the content of the proceeding in relation to this lawsuit shall be individually notified to the inheritor.

3 When winning a lawsuit, 50% of the total amount of profit paid by inheritance tax shall be paid to the heir.