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(영문) 인천지방법원부천지원 2017.08.23 2016가합100675 (1)
청구이의
Text

1. The Defendants’ enforcement of compulsory execution based on the Seoul High Court Order 2013B82 dated February 11, 2014 by the Defendants against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, Defendants, and E, and F (hereinafter “Defendant et al.”) were children of G; H was the spouse of G; and G died on March 26, 2012.

B. On April 6, 2012, after the death of the deceased G, Plaintiff, Defendants, two others, and H agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the following content: (a) the agreement on division of inherited property is called the agreement on division of inherited property of this case.

(1) (1) The Gangseo-gu Seoul Metropolitan Government I apartment 202 owns Defendant D’s ownership. (2) The financial deposit amount of KRW 140,000,000 out of KRW 530,00,000 shall be allocated to the network H and the balance of KRW 390,000,000 shall be equally apportioned to the Defendants and two others. (3) The lease contract amount of the above real estate shall be set at KRW 200,000,000 and the Plaintiff shall be apportioned equally to the Defendants and two others at the time of the occurrence of the contract. If the lease contract does not occur, the amount of the lease deposit amount shall be apportioned to the Defendants and the Plaintiff. (4) In accordance with the provisions of the Korea Music Copyright Association, the Plaintiff succeeds to the copyright by the gift of the network G. (2) On May 2, 2014, Defendant D sold the above (i) amount to KRW 290,000,000.

C. Title 1) The Defendants, two others, and H filed a claim against the Plaintiff for a divisional judgment on the inherited property of network G, which was excluded from the agreement on the division of inherited property of this case, as the court 2012Rahap15, and the said court rendered a decision against the Plaintiff to pay KRW 78 million to H and two others, respectively. (2) The Plaintiff filed a complaint with Seoul High Court 2013B82, and the Defendants died during the appeal trial, and the Defendants and two others were the parties to the lawsuit. The appellate court dismissed the Plaintiff’s appeal on February 11, 2014, and at the same time decided that the first instance court paid KRW 65 million to the Defendants and two others, respectively, based on the litigation acceptance system.

The above ruling was finalized on March 1, 2014

hereinafter the above decision on division of inherited property "the instant decision," and each of the above KRW 65 million "the instant execution bond."

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