(영문) 수원지방법원성남지원 2019.11.26 2018가단239355

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(영문) 수원지방법원성남지원 2019.11.26 2018가단239355

공유물분할

Text

1. The plaintiff shall sell the F.W. F. F. 58 m. to an auction and the remainder after deducting the auction cost from the proceeds of the auction.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in each entry in Gap evidence 7 and Eul evidence 2.

The Plaintiff and the Defendants shared 1/5 shares of F.S. F. F. 58 square meters (hereinafter “instant land”) in proportion to each of the 1/5 shares.

B. On January 11, 2019, after the filing of the instant lawsuit, the Plaintiff entered into an agreement with Defendant E on the purchase and sale of shares in land (hereinafter “instant agreement”) with the following terms and conditions as follows:

1)Prepare the letter and sign it;

Terms and Conditions of Agreement and Agreement on Sale and Purchase of Shares in Land.

1. The plaintiff and the defendants agree to sell the land of this case at market price.

(60 million won or more, 6 months). 2. The plaintiff shall immediately withdraw the lawsuit in this case when he/she has agreed under the agreement in this case and has received the agreement.

3. Defendant E, on behalf of the remaining Defendants, has affixed a seal and signature on the instant agreement and deliver documents to the Plaintiff.

4 If the Defendants fail to comply with the above agreement, each of the costs of lawsuit and damages shall be paid to the Plaintiff KRW 5 million.

C. After that, Defendant E received the signature or seal of Defendant B, C, and D in the instant agreement and delivered it to the Plaintiff, and the agreement was deleted as follows.

2. The Defendants asserted that the instant lawsuit is unlawful as there is no benefit in the protection of rights, since they had already completed consultations on the division of land, as stipulated in paragraph (1) of the instant agreement, as well as that they had agreed on the withdrawal of the lawsuit, as stipulated in paragraph (2) of the instant agreement.

As to this, the Plaintiff asserts that insofar as the Defendants deleted the provisions of paragraph (4) of this case’s agreement without the Plaintiff’s consent, agreement has been reached.

As seen earlier, the Defendants signed or sealed the instant agreement and delivered it to the Plaintiff.

유사 판례

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