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(영문) 인천지방법원 2014.05.14 2013가합7871
정산합의금
Text

1. As to the Plaintiff, Defendant C shall be KRW 180,000,000, Defendant D shall be KRW 120,000,000, and each of the above amounts shall be from May 31, 2013.

Reasons

1. Basic facts

A. The relationship between the parties and the inheritance of the instant land 1) Nonparty B (hereinafter “the deceased”).

(2) As the denial of Nonparty 1’s network E, only Nonparty 1 had a child. The Plaintiff, as the husband of Nonparty 1, was the deceased’s husband, is the deceased’s affinity, Defendant C is the denial of F, and Defendant D is the sole child of F and Defendant C’s father. 2) In Jeju, E owned the size of 1,845 square meters before G at Jeju (hereinafter “land before the instant exchange”). On August 19, 1993, E died on August 19, 1993, and the deceased acquired the ownership of the said land due to inheritance by agreement division.

Since then, F has died on April 29, 1998.

B. On August 25, 2003, the Plaintiff entered into a sales contract with H and an exchange contract with I Village Association (1) on behalf of the Deceased, a contract under which the Plaintiff sells KRW 474,300,000 on behalf of Nonparty J, a representative of Nonparty H, the land before the instant exchange (hereinafter “instant sales contract”).

(2) After concluding the contract deposit, the Plaintiff was paid the down payment of KRW 50 million and the intermediate payment of KRW 150 million, respectively. (2) After which the Plaintiff, as the representative of the Deceased, divided and exchanged each of the lands from the I Village Association holding K forest land of KRW 764 square meters (hereinafter “instant neighboring land”) at the time of Jeju in the vicinity of the instant land prior to the instant exchange as an agent of the Deceased, and subsequently, exchanged the land of the Deceased who was a blind, the land of the deceased is adjacent to the road, and the I Village Association was proposing measures to secure the land of the area sufficient to keep the village hall.

3) On March 25, 2004, the Plaintiff, on behalf of the Deceased, transferred the portion of 793 square meters, which is not adjoining to the road, to the I Village Association by dividing the portion of 793 square meters, among the land before the instant exchange, on behalf of the Deceased, and instead, the I Village Association, by dividing the portion adjacent to the road among the neighboring land of the instant case and transferring it to the Plaintiff (hereinafter “instant exchange agreement”).

B. In the above exchange contract, the above exchange contract will be responsible for and treated by the deceased's side of the 551 square meters of the land transferred by I Village Association.

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