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(영문) 서울북부지방법원 2018.10.18 2017가합20924
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 pertinent Plaintiff of the parties, etc. is a de facto spouse of the deceased C (hereinafter “the deceased”) who died on December 5, 200, and there are children of the Plaintiff and the Deceased D, the South and North Defendant, the South and North E, and the South and North Korea F.

B. Item 1 of the alteration of rights to real estate in dispute : the real estate listed in Paragraph 1 of the attached Table No. 1 (hereinafter “instant land”) owned by the deceased on December 30, 200, which was owned by the Plaintiff, Defendant, and E (hereinafter “instant land”).

(2) On July 3, 1990, the Defendant and E completed the registration of ownership transfer for each of one-third shares on December 5, 200 with respect to the real estate listed in paragraph (2) of the attached Table, which is a building on the ground of the instant land (hereinafter “instant building”) on July 3, 1990.

3) Meanwhile, on September 22, 2011, the Plaintiff completed the registration of transfer of shares based on the purchase and sale as of June 6, 201 with respect to one’s own shares among the instant land, and EDo also completed the registration of transfer of shares based on the purchase and sale as of September 22, 201 with respect to each of the instant land and buildings on September 22, 2011 to the Defendant. Ultimately, the instant land and buildings were owned solely by the Defendant. [In the absence of any dispute over recognition, each of the entries in subparagraphs 1, 2, 4, 2, and 5, and the purport of the entire pleadings, as to each of the instant land and buildings on September 6, 2011.

2. Determination as to the cause of action

A. The heir of the Plaintiff asserted that the Plaintiff’s heir completed the registration of ownership transfer in the name of the Plaintiff, the Defendant, and the E three persons for convenience with respect to the instant land and building, which are the inherited property of the Deceased, and the registration of ownership transfer was completed in the name of the Plaintiff, the Defendant, and the E three persons, and the five persons would have

However, in reality, if the sale of the instant land and buildings is not easy, the instant land and buildings shall be owned solely by the Defendant, but this shall be evaluated as eight billion won, and the collateral obligation and all taxes shall be determined by setting up two billion won, and the Defendant deducted the remainder of six billion won from the Plaintiff.

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