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(영문) 의정부지방법원 2016.12.23 2016가단116114
약정금
Text

1. The defendant shall pay to the plaintiff A 12,857,142 won, the plaintiff B, and the plaintiff C each of the above amounts of KRW 8,571,429 and each of the above amounts.

Reasons

1. Basic facts

A. Plaintiff A’s spouse, Plaintiff B, and Plaintiff C are children of the deceased, who were deceased E (the deceased on April 29, 2012).

B. On July 2002, the Defendant, together with the Deceased, purchased the Eunpyeong-gu Seoul Special Metropolitan City forest G forest 496С (hereinafter “the instant forest”) owned by Nonparty F, and the administrative district and its lot number were changed to “Seoul Eunpyeong-gu,” and the Defendant and the Deceased shared KRW 15,000,000 as the purchase price.

C. However, on October 9, 2002, the Defendant and the Deceased shared the Defendant’s wife and the Deceased’s share of 1/2 of the ownership of the forest of this case. The Defendant and the Deceased agreed to have the deceased as to 1/2 of all future profits arising in relation to the forest of this case.

However, on February 3, 2004, the registration of ownership transfer was completed in the name of H solely for the reason of the sale on February 3, 2004 with respect to the forest of this case, and on July 5, 2004, the registration of ownership transfer was completed in the name of the defendant for the reason of donation made on July 5, 2004 with respect to the forest of this case.

E. Meanwhile, the defendant on July 6, 2006 "Seoul Eunpyeong-gu to the deceased on July 6, 2006.

G. By July 19, 2006, the above land value paid KRW 30,000,000 (hereinafter “the instant contract amount”) to E (the deceased”) by July 19, 2006. In doing so, a letter of statement stating “I would not raise any objection against any legal measure.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the defendant, as the inheritor of the deceased, takes into account the following factors: (a) KRW 12,857,142 = 30,00,000 + statutory inheritance share of KRW 30,000 x the plaintiffs’ inheritance share of KRW 30,000; and (b) the plaintiffs’ inheritance amount of KRW 30,00,000: (c) the deceased’s heir, who is the deceased’s children, KRW 8,571,429 = 30,000 + statutory inheritance share of KRW 2/7; and (d) the plaintiffs’ inheritance amount of KRW 30,00,00.

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