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(영문) 수원지방법원성남지원 2015.02.06 2013가합204078
약정금
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from January 16, 2015 to February 6, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The deceased C and the net D were children, South Korea, South E, North Korea, and South Korea, but the deceased on June 21, 1993, and the deceased on April 26, 201.

B. On October 21, 1993, after the death of C, a letter of agreement on division of inherited property was prepared between D, the Plaintiff, the Defendant, the E, and F, which were successors, on October 21, 1993, and accordingly, the registration of ownership transfer was completed on the basis of inheritance due to the agreement division, as follows: (a) the details of real estate subject to inheritance were omitted, and only the real estate submitted by the Plaintiff; and (b) the registration of ownership transfer was completed on the basis of the agreement division.

After the consultation on the division of real estate subject to inheritance and the registration of inheritance, the ownership transfer registration (1) ownership transfer registration (2) H, the defendant, F, and E 1/41 each of the following: 1/2 shares in the K site in the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-gu, the Y-U.

C. On November 28, 2006, the Defendant disposed of No. 101 of the first floor of the Dong-gu Rog Loans in the name of Dong-gu, Dong-gu, 2006, and paid KRW 100 million out of the proceeds of disposal to F.

In addition, the defendant disposed of the above dong-gu M site and building, and paid KRW 20,00 to F.

[Ground of recognition] Facts without dispute, Gap's 1 through 5, 7 through 14, Eul's 1 through 3 (including various numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant asserts that the lawsuit of this case is unlawful because it has jurisdiction over the court where the defendant's general forum, and thus, is filed with the court which is not the competent court, but the court of this case for the territorial jurisdiction.

The lawsuit of this case shall be in money.

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