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(영문) 부산지방법원 동부지원 2018.05.31 2017가합101293
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on June 25, 2012, and the deceased’s heir was the deceased’s spouse D, the Defendant, the South-North, and the South-North.

B. On July 4, 2012, after the death of the deceased, a written agreement on the division of inherited property (Evidence A No. 3) was prepared with the following contents, and the written agreement on division of inherited property contains the names and seals of D, Defendant, and E.

As to the inheritance commenced due to the death of the deceased on June 25, 2012, a written agreement on division of inherited property, the co-inheritors agree to divide the inherited property as follows:

1. Indication of the heir: D, Defendant, E, or Plaintiff;

2. Indication of inherited property: Each real estate listed in separate sheet 1 through 7.

3. Details of the agreement on the division of inherited property (1) The real estate listed in paragraph 1 of the attached list among the above inherited property shall be owned by E among the successors, and any obligation based on the right to collateral security (No. 31092, Jun. 19, 2012, the Busan District Court East Branch Branch Office of the Dongsan District Court) existing in the property shall also be succeeded.

2. The real estate listed in the separate sheet Nos. 2 through 7 of the above inherited property shall be owned by D and the plaintiff (the shares shall be owned by one half).

(3) The financial property shall be inherited by the E.

4.In order to certify the above written agreement, a letter of agreement shall be prepared and signed and sealed by each person, and a copy shall be kept.

C. On July 9, 2012, an agreement on the division of inherited property with the Plaintiff’s signature written as above was written on July 9, 2012, wherein the agreement on division of inherited property with the Plaintiff’s signature (a notary act was obtained from law firm F on the same day) and D, Defendant and E’s name and seal were written

(B) The Defendant’s signature and seal is written on July 9, 2012, with the following: (a) the agreement on the division of inherited property as of July 9, 2012: (b) the agreement on the division of inherited property is deemed to be combined; and (c) on the same day, the Defendant’s signature and seal is written.

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