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(영문) 인천지방법원 2015.08.18 2014가단243264

약정금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a parent between the network D and E.

D The Franchis Defendant C given birth to the person who remarriedd with Defendant B.

D died on February 15, 2009.

D At the time of the death of D, the real estate stated in the attached Form (hereinafter “instant real estate”) was registered in the name of D.

Upon Defendant B’s request, the Plaintiff consented to the agreement on the division of inherited property with the content that the instant real estate shall belong to Defendant C.

As to the instant real estate, on November 3, 201, the registration of ownership transfer was made in Defendant C’s name.

[Grounds for recognition] Facts without dispute, Gap 1-3 evidence, and the plaintiff's assertion of the parties to the judgment as to the main claim of the whole pleadings, the plaintiff sought payment of KRW 50 million to the plaintiff in return for the agreement on the division of inherited property. If the plaintiff paid KRW 22 million to the plaintiff in return for the agreement on the division of inherited property, the plaintiff also sought payment of KRW 28 million.

The defendant asserts that in consideration of the relationship between the plaintiff and D, only paid KRW 22 million to the plaintiff as living expenses, and there is no agreement to pay KRW 50 million to the plaintiff.

Judgment

The Plaintiff’s husband’s testimony alone cannot be readily concluded that the Defendants expressed their intent to pay KRW 50 million to the Plaintiff.

Rather, even based on the witness G’s testimony, Defendant B only seems to have avoided a clear answer with the absence of money to demand the Plaintiff and G to demand KRW 50 million.

Defendant B paid KRW 22 million to the Plaintiff, and cannot be interpreted as having expressed its intent to pay KRW 50 million to the Plaintiff.

Therefore, we cannot accept the plaintiff's primary claim.

The Defendants asserted as to the conjunctive claim that the Plaintiff had an agreement on the division of inherited property by deceiving the Plaintiff without any intention or ability to pay KRW 50 million, and thus, the agreement on the division of inherited property is revoked by deceiving the agreement on the division of inherited property.

An agreement on division of inherited property shall be 50 million won.