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(영문) 수원지방법원평택지원 2019.05.22 2018가합9021

청구이의

Text

1. The Seoul High Court 2012Na25328 dated February 5, 2013 against the Plaintiff is the protocol for the conciliation of the Defendant’s transfer of ownership.

Reasons

1. Facts of recognition;

A. The parties’ relevant network D (the deceased on December 7, 2008, and the deceased on December 7, 2008, hereinafter “the deceased”) had 3 South and North Korean women (the deceased on July 23, 1967, her fatherF) between their wife E. The Plaintiff is the Republic of Korea, the Defendant, and the Intervenor three South and North Korea.

B. A dispute arising between the deceased’s children due to the inherited property of the deceased during the dispute regarding inherited property occurred, and on February 5, 2013, the conciliation was concluded that “the plaintiff pays KRW 1 billion to the defendant, and the intervenor pays KRW 600 million to the defendant, and at the same time the defendant and the intervenor executes the procedure to transfer the ownership of the inherited property to the plaintiff.”

(Seoul High Court 2012Na25328, hereinafter referred to as the "instant conciliation"), and the conciliation protocol is c).

1) On January 21, 2015, the Intervenor agreed to pay to the Intervenor the remainder of the agreed amount of KRW 50 million, excluding KRW 50,000,000,000,000,000 to the Intervenor in a lawsuit related to the distribution of inherited property between the Defendant and the Intervenor. In the above Seoul High Court case No. 2012 or 25328, the Plaintiff entered into a mediation to pay KRW 1,000,000 to the Defendant. As such, the Defendant filed a lawsuit claiming the amount of KRW 95,50,000,000,000 in the above case (former District Court Decision 2013Gahap2916, Jan. 21, 2015).

1. The defendant shall pay to the intervenors KRW 250 million.

2. The Defendant may pay the amount set forth in paragraph 1 to the intervenors by transferring the part corresponding to the amount set forth in paragraph 1, out of the claims that the Defendant had against the Plaintiff, to the intervenors following the conciliation established on February 5, 2013 in the Seoul High Court case of 2012Na25328, and notifying the Plaintiff thereof.