beta
(영문) 인천지방법원 2019.04.23 2017가단255114

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. The relevant parties are the Plaintiff, Defendant, C are the deceased’s children, and E are the spouse of D.

B. The agreement of October 16, 2007 was deceased on April 25, 2007 and owned by the Plaintiff, the Defendant, C, and E inherited the land F, G, H, and I (hereinafter “each of the instant real property”) in Kimpo-si, Kimpo-si, G, H, and I (hereinafter “each of the instant real property”).

On October 16, 2007, the successors completed the registration of ownership transfer in accordance with the inheritance shares with respect to each of the instant real estate. < Amended by Presidential Decree No. 20357, Oct. 16, 2007; Presidential Decree No. 20358, Oct. 16, 2007; Presidential Decree No. 20358, Oct. 3, 20

(hereinafter “First Agreement”). (c)

The agreement of October 18, 2007 and the registration of inheritance C will be used to purchase a road site to increase the value of each real estate of this case and bring 80 million won deposit, which is inherited property, but the site of the road will not be purchased, but the registration of inheritance according to the inheritance shares on October 18, 2007 was completed, and only the right of share (1/4) pursuant to the first agreement, not the legal inheritance shares (1.5), and if C raises an objection, it is agreed that the plaintiff and the defendant jointly take responsibility for the inheritance shares of this case and completed the registration of ownership transfer according to the inheritance shares on the same day.

C Compulsory auction 1) The Plaintiff, Defendant, and E are the cause of the claim that shares of KRW 80,000,000 as the deposit amount of KRW 20,000 according to the first agreement (the Plaintiff filed a lawsuit against KRW 130,000,000 as the cause of the claim for the loan loan of KRW 130,000,000,000 and January 16, 2008, the Plaintiff was sentenced to the judgment that “C shall pay KRW 150,000 to the Plaintiff, and KRW 20,000,000 to the Defendant and E, respectively, and the judgment became final and conclusive on February 12, 2008.

2. On February 26, 2008, the Plaintiff, the Defendant, and E are executive titles with respect to C’s share in inheritance of each of the instant real estate.