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(영문) 인천지방법원부천지원 2014.12.18 2014가합6274

약정금

Text

1. The defendant shall pay 75,00,000 won to the plaintiff and 20% per annum from July 8, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On May 1, 1986, the plaintiff and the defendant as the co-inheritors of the deceased, including the plaintiff and the defendant, as the remaining co-inheritors, are 70 square meters and 3,335 square meters per each of the instant lands (hereinafter referred to as "each of the instant lands") prior to Kimpo-si D, Kimpo-si of the deceased through a division of consultation on the deceased's inherited property on May 1, 1986.

On December 2, 2009, the registration of ownership transfer was completed under the Defendant’s name. 2) After which each of the instant lands was expropriated, the Defendant received total of KRW 1,199,417,500 as compensation for expropriation. On April 1, 2014, the Defendant and the Defendant agreed to have 950,000 won out of the compensation received by the Defendant, and the Defendant paid 190,000 won to the remainder of 4 persons each (i.e., KRW 950,000,000 x 1/5).

3) After that, the Plaintiff received KRW 115 million from the Defendant. [Recognition Facts] The Plaintiff did not dispute, Gap evidence Nos. 1 through 7 (each entry, including virtual numbers, and the purport of the whole pleadings.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 8, 2014 to the date of full payment, which is the day following the day when a copy of the complaint of this case sought by the Plaintiff was served on the Defendant.

2. Conclusion, the plaintiff's claim of this case is reasonable and acceptable.