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(영문) 대구지방법원 2017.02.02 2016가단106930
약정금
Text

1. The Defendant: (a) KRW 14,392,496 for Plaintiff A, C, and D; and (b) KRW 21,58,744 for Plaintiff E; and (c) KRW 3,598,124 for Plaintiff B, respectively.

Reasons

1. Basic facts

A. Plaintiff E is the wife of G, and the remaining Plaintiffs and the Defendant are their children.

B. G died on September 5, 1989 and succeeded to the property of the Plaintiffs and the Defendant. The inheritance shares are 6/25 shares, 4/25 shares, 4/25 shares in Plaintiff A, C, and unmarried son D, each of whom is children, and 1/25 shares in Plaintiff B (the name at the time is H. The above inheritance was married with I on November 28, 1984, before the commencement of the above inheritance).

C. Accordingly, with respect to the land of 11322 square meters (hereinafter “the instant real estate”) prior to the Gyeongbuk-gunJ in Ulsan District Court of Daegu District on November 30, 1989, No. 2180, which was received on November 30, 1989, the registration of inheritance due to each inheritance share was completed under the name of the Plaintiffs and the Defendant on September 5, 1989 in the name of the Plaintiffs and the Defendant.

As to the real estate of this case, the registration of change of ownership was completed on March 2, 2004 by the court No. 247, which was received on March 2, 2004.

E. The instant real estate was expropriated in Ulle-gun around June 7, 2007, and the Defendant received the compensation.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 5-1 to 5, the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. The Plaintiff’s assertion and the Defendant’s main defense defense Plaintiffs agreed to pay the amount equivalent to their respective inheritance shares when the Defendant subsequently sells the instant real estate. The instant real estate was subsequently accepted, and the compensation for expropriation was at least KRW 120 million. Thus, the Plaintiffs asserted that the amount corresponding to their respective inheritance shares should be paid.

As to this, the defendant's above claim is a so-called claim for recovery of inheritance rights in which the defendant seeks money equivalent to shares due to the recovery of the shares of inheritance of the plaintiffs who infringed upon the above registration of correction of ownership. The plaintiffs' claim for recovery of inheritance has been ten years since March 2, 2004.

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