상속분 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the following additional parts, and thus, it shall accept this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary Parts] The second 11th of the second 11th of the judgment of the court of first instance added the statement "766,00,000 won" to the following two persons:
Following the third sentence of the judgment of the first instance court, the phrase “the amount corresponding to the Plaintiff’s share of inheritance” shall be added from the phrase “255,33,333 won (=76,000,000 + 3,000 won)” to the phrase “the remaining amount equivalent to the amount calculated by subtracting the Plaintiff’s already received 24,00,000 won from the Defendant, etc.”
The plaintiff asserts that the above agreement is null and void as a juristic act which has considerably lost fairness, in light of the fact that the plaintiff and the defendant agreed to pay KRW 20,000,000 to the plaintiff under the condition that the real estate of this case are registered in the defendant's sole name, even if they were to pay the above KRW 20,000,000 to the plaintiff, the above agreement is merely about KRW 1/10 of the share of inheritance to be received by the plaintiff.
It is insufficient to recognize that the Plaintiff’s agreement on inherited property division with the content that the Plaintiff received KRW 20,000,000 from the Defendant with the sole ownership of each of the instant real property as a juristic act which has considerably lost fairness due to the Plaintiff’s old-age, rashness, or inexperience, and there is no other evidence to acknowledge this otherwise. Thus, the above assertion is without merit.
Therefore, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is consistent with this conclusion, and the plaintiff's appeal is dismissed.