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(영문) 대전지방법원 2014.05.01 2013가합8155

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 19, 2003, the Plaintiff agreed to receive KRW 300 million from the Deceased in order to compensate for damages (e.g., land rent and the cost of removing the building, etc.) caused by the transfer of the building owned by the Deceased in the name of the Plaintiff in Jung-gu Daejeon, Daejeon (hereinafter “the deceased”) between the deceased and the deceased’s Department (hereinafter “the deceased”). The Plaintiff was issued a written notice of debt reimbursement under the name of the Defendant B, the wife of the deceased.

B. The plaintiff filed an application with the defendant B for a payment order of KRW 300 million ( Daejeon District Court 2003 tea 11694), and the above payment order was finalized on July 1, 2003.

C. On December 22, 2004, Defendant I, who was responsible for the management of his family members and the deceased’s property, owned the instant real estate under Defendant I’s name. The instant real estate was transferred to Defendant I.

Defendant I and Defendant E, a dependent on the deceased, have prepared a sales contract, confirmation document, power of attorney, etc. in the name of the deceased with respect to the real estate of this case by affixing the deceased’s unmanned seal or sealing the deceased’s seal delivered from Defendant B, and completed the registration of ownership transfer on November 7, 2004 with respect to the real estate of this case on the ground of sale and purchase on November 7, 2004.

After that, Defendant I completed the registration of ownership transfer in the future of Dowon Engineering Co., Ltd. (hereinafter “Dowon Engineering”) due to sale on October 19, 2009 with respect to the instant real estate.

E. Upon the deceased’s death on January 9, 2006, Defendant C, D, E, F, G, and H, who are the deceased’s wife and children of the deceased, were subject to the Seoul Family Court’s ruling to accept the above report on May 22, 2006 and August 16, 2006 (Seoul Family Court Decision 2006No3054, 2006 No. 42555).

F. Defendant I and E are above D.

An act in this subsection and the deceased’s possession.