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(영문) 서울남부지방법원 2017.06.08 2016가단256849

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C owned 41/371 of the 1,091 square meters in Busan Shipping Daegu D, and 41/371 of the 135 square meters in Busan Shipping Daegu E-do (hereinafter “each of the instant real property”).

B. C died on May 1, 2003, and the heir was the wife, G, H, the Defendant, I, I, or K, who was the wife.

C. On January 29, 1990, I divorced from the wife L, and on August 9, 2012, the Plaintiff, one of the children of I, succeeded to I’s property independently.

Meanwhile, there was an agreement on the division of inherited property to inherit each of the instant real estate in F at the ratio of 8.6/371, G 5.4/371, H 5.4/371, and the Defendant’s inheritance at the ratio of 21.6/371, and the registration of share transfer was completed on May 17, 2016.

E. On September 28, 2016, the Defendant sold 21.6/371 shares in his/her name among each of the instant real estate in the purchase price of KRW 290,000,000,000, and the ownership transfer registration was completed on September 29, 2016.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4 (including the serial number), the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1) The defendant alleged that the plaintiff, J, and K will equally divide the disposal price into 1/4 on the face of the plaintiff, J, and K's inheritance shares among each of the real estate of this case, once the plaintiff, K, and K will transfer ownership, etc. The defendant completed the registration of ownership transfer in the name of the defendant, and sold the above shares in the amount of KRW 290 million, since the defendant completed the registration of ownership transfer in the name of the defendant among each of the real estate of this case, and sold the above shares in the amount of KRW 160 million after deducting the tax amount of KRW 130 million, such as capital gains tax, from the purchase price, only KRW 40 million, which is the plaintiff's share, out of KRW 160,000,000,000,000,000 won. Accordingly, the defendant paid the remaining agreed amount to the plaintiff, the plaintiff of the defendant, and the plaintiff of Korea, etc., to C for a long time.