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(영문) 수원지방법원 2019.07.18 2017가단508570

구상금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D’s death and land inheritance 1) D died on April 22, 2010, and D’s heir were the Plaintiffs, the Defendants, the E, the F, and G (hereinafter “he co-inheritors”).

- In the event of the occurrence of lease deposit, debt, cancellation deposit, penalty, damages, etc., which are not entered in the basic agreement on the division of inherited property, the inheritors shall jointly bear one-third of the total amount. Claims shall be jointly inherited (hereinafter referred to as “instant equally divided provisions”).

- If the tax return cost and the inheritance tax are not paid to the heir who already paid are liable for joint payment to the heir, an amount equivalent to twice the sum of the tax return cost, inheritance tax, additional tax, attached tax, and all other expenses related to this case must be paid to the heir who jointly paid as damages and penalty. 2) As of January 25, 2011, co-inheritors divided inherited property by agreement on inherited property, including the following:

(3) According to the division of the inherited property agreement of this case, E and F, upon the division of the inherited property agreement of this case, shall be the land of this case (hereinafter “the land of this case”). < Amended by Presidential Decree No. 3007m2, Jun. 1, 2007>

(B) On April 19, 2010, D concluded a sales contract to sell the instant land at KRW 1.3 billion (hereinafter “instant sales contract”) with J on March 19, 2010, and died under the status of KRW 100 million.

However, at the time of the division of the inherited property of this case, the value of the land of this case was calculated as KRW 1.7 billion on the premise of cancelling the sales contract of this case, and then calculated as inheritanceable amount 1.5 billion after subtracting the down payment and penalty 200 million to be returned to J.

2 The J against E and F in this case.