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(영문) 서울북부지방법원 2018.05.31 2017가합24605

정산금

Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On July 28, 1998, E, the father of the plaintiffs, was remarriedd with the defendant.

E bequeathed to the Defendant all the real estate owned by it, and died on August 28, 2014.

On January 13, 2016, mediation was concluded between the plaintiffs, F and the defendant in the mediation case, such as return of unjust enrichment by Seoul Northern District Court 2015 money 201784.

The Defendant shall, until January 15, 2017, sell 1,418 square meters to Plaintiff A and B by January 15, 2017, and then pay the balance calculated by deducting all taxes and public charges, such as transfer tax, from the proceeds of sale, by 1/19 each of the remaining amounts.

Provided, That where the defendant fails to settle the accounts by the above time, he/she shall pay 80,000 won each from the next month to the 15th day of each month of the payment of the settlement of accounts for sale.

(F) Of the mediation protocol prepared, the parts related to the plaintiffs' claims are as follows:

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3, and the contents of the record of the record of the plaintiffs' assertion that the purport of the whole pleadings is to be determined, the defendant is obligated to settle 1/19 of the remaining amount which remains after selling the land of this case 1,418 square meters (hereinafter "the land of this case") in Seoul Special Metropolitan City, Nowon-gu from January 15, 2017 and deducting all taxes and public charges, such as transfer tax, from the sale price. If the defendant is unable to sell the land of this case by January 15, 2017, he/she is obligated to settle 1/19 of the amount which remains after deducting all taxes and public charges, such as transfer tax, from the sale price of the land of this case from the auction price of this case, to the plaintiffs, and the defendant pays 1/17/19 of the amount which remains after deducting all taxes and public charges, such as transfer tax, from the market price of the land of this case, to the plaintiffs each settlement date.

Judgment

In light of the aforementioned facts and the purport of the entire pleadings.