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(영문) 수원지방법원안양지원 2015.09.24 2014가합106293
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff is the spouse of the deceased who completed the marriage report on May 13, 1983 and the deceased’s spouse on May 28, 2004 (hereinafter “the deceased”). The Defendant is the decedent of the deceased born between the deceased and the former wife. At the time of the deceased’s death, the deceased’s heir is the deceased’s spouse, and the deceased’s heir is the deceased’s E, the male and female, the male and female Defendant, the male F, the female F, the female and the female H.

Upon the death of the deceased, the Defendant completed the registration of transfer of ownership in his name on January 15, 2005 as to each of the real estates listed in the separate sheet (hereinafter “each of the instant lands”) owned by the deceased on the ground of testamentary gift.

Accordingly, among the deceased’s successors, F, G, and H (hereinafter “F, etc.”) filed a lawsuit against the defendant seeking inheritance share return, etc. (hereinafter “prior lawsuit”). On February 22, 2005, the defendant, who did not participate in the lawsuit, and the plaintiff and E “the deceased,” who did not participate in the lawsuit, as of November 21, 2003, the certificate of the Fair and General Law Office No. 6000 of 200,000 won as to each of the land of this case, which was notarized by the deceased’s will on February 22, 2005, shall first pay 20,000 won as to each of the land of this case, and in case of compensation or sale on the grounds of the time at which inheritance tax is imposed on the standard market price of the land at the tax office after the car, 40/100 of the difference between the defendant and the remaining 60/100 per cent of the heir, respectively, shall be deemed to have been allocated (hereinafter “each of this case”).

On December 16, 2005, the conciliation was concluded including that “the Defendant shall pay F and G KRW 530,000,000, and KRW 580,000,000 for each of the 530,000,000 to H, and that “F and the Plaintiff and E shall pay the amount equivalent to 1/5 of the amount equivalent to the market price under 1712, an officetel 1712, all of which shall be given up until January 31, 2006, and F, etc. shall waive all of the claims related to the deceased’s inherited property.”

After that, the defendant shall use the public land of this case.

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