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(영문) 서울동부지방법원 2018.01.26 2016가단140316

약정금

Text

1. The defendant,

A. 126,425,053 won shall be paid to Plaintiff A;

B. Each entry in the separate sheet to Plaintiff B and C

Reasons

1. Basic facts

A. Plaintiff A’s spouse, Plaintiff D, Defendant, and Nonparty F are children between Plaintiff A and the Deceased (the deceased on November 5, 2015, hereinafter “the deceased”).

B. At the time of the death of the deceased, the deceased has three lots of deposit claims in the Cheongdo-si G, H, I, and the Industrial Bank of Korea totaling KRW 683,452,785.

Meanwhile, the Deceased purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) before birth and completed the registration of ownership transfer in the name of the Defendant.

C. On January 22, 2016, the Plaintiffs, the Defendant, and the F completed the registration of inheritance on the answer of the said three parcels in the name of the deceased.

However, as to the deceased's deposit claims, the Plaintiffs and the Defendant filed a lawsuit against the Industrial Bank of Korea under the Seoul Central District Court 2016Gahap515143 on March 22, 2016 against the Bank of Korea for the return of the said deposit, and on June 8, 2016, the aforementioned amount of KRW 695,337,795 on June 8, 2016 was the Plaintiffs and the Defendant's respective inheritance shares to the effect that "189,637,580 won, the Plaintiff, B, and the Defendant shall pay KRW 126,425,053, respectively, to the Plaintiff."

On February 8, 2016, before filing a lawsuit for the return of the above deposit, the Plaintiffs, the Defendant, and D gathered at the Plaintiff’s house located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and consulted on the distribution of inherited property. The above deposit had Plaintiff A, and the Plaintiff’s children agreed that the instant real estate owned by the Defendant will be divided according to their respective inheritance shares.

E. Since then, Plaintiff A had a director at a new house located in Yeongdeungpo-gu Seoul Metropolitan GovernmentJ, and had the Plaintiff B, C, and the Defendant display and gather their respective seals on the date of directors in order to prepare a letter in accordance with the above agreement. Accordingly, Plaintiff A’s transfer of articles and seals on March 25, 2016, and Defendant who works at the Plaintiffs and Empondo.