손해배상(기)
1. The part concerning the claim for the takeover of the principal lawsuit of this case shall be dismissed.
2. The plaintiff (Counterclaim defendant) shall be 3,000.
The following shall be deemed together with the principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff and the Defendant’s relationship, etc. (1) based on the payment order issued on June 13, 2007 by Seoul Eastern District Court (2007 tea5678, Jun. 13, 2007) against the Defendant, and based on the payment order issued on June 27, 2007 by the same court (2007 tea6039, Jun. 27, 2007).
(2) On May 20, 2009, the Plaintiff agreed to settle each of the above claims as KRW 40 million between the Defendant and the Defendant and receive the said claim in four installments (hereinafter “instant agreement”).
B. (1) On April 1, 2009, the Defendant: (a) filed a bankruptcy and application for immunity with the Seoul Central Court (hereinafter “instant bankruptcy and application for immunity”); (b) was declared bankrupt on June 16, 2009 by the above court; and (c) was granted immunity on August 24, 2009; and (d) the immunity exemption became final and conclusive on September 3, 2009.
(2) On May 17, 2009, before the Defendant’s father, died on May 17, 2009, the deceased’s wife and children, including the Defendant, inherited the deceased.
The defendant, without notifying the deceased of the real estate owned by the deceased in the bankruptcy court, was declared bankrupt of this case and granted immunity from the bankruptcy court.
(3) On November 26, 2009, after the decision of immunity of this case became final and conclusive, the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) to the effect that the Defendant would not inherit the inherited property owned by the deceased (hereinafter “instant agreement on the division of inherited property”), and the remaining inheritors except the Defendant had completed the registration of ownership transfer regarding the inherited property owned by the deceased.
C. (1) When the Plaintiff came to know that there was real estate owned by the deceased at the time of the instant agreement, and that the Defendant did not inherit the said real estate through the instant agreement on the division of inherited property, the Plaintiff’s continued filing of lawsuit, etc., was denied the validity of the said agreement and received additional repayment as inherited property, the remaining inheritors, other than the Defendant, on September 29, 2010.