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(영문) 수원지방법원 2015.12.29 2015가합65922
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is identified by the network D, and E was identified by the network F, but divorced.

B. The Seongbuk-gu Seoul Metropolitan City miscellaneous land and 1061 square meters of H miscellaneous land and 3424 square meters of H miscellaneous land (hereinafter “instant real estate”) were registered for the transfer of ownership in the name of the network D. However, the registration of the transfer of ownership in the Defendant’s name was completed on June 21, 2002 due to the inheritance due to the agreement division as of January 9, 2002 following the death of the network D.

C. On July 7, 2008, E filed a lawsuit against the Defendant for the implementation of the procedure for the registration of ownership transfer with respect to 2/3 shares of the instant real estate on April 20, 1998 with E, F, and Network D, and the judgment of dismissal was rendered in the first instance court (Seoul Central District Court 2007Gahap73593), but on December 22, 2008 from the appellate court (Seoul High Court 2008Na58604) to E, the conciliation was concluded that the Defendant would implement the procedure for the registration of ownership transfer for 1/3 shares of the instant real estate on April 20, 209, and accordingly, on January 29, 2010, the registration of ownership transfer was completed in the name of E on April 20, 198.

E On March 31, 2010, the following conciliation was concluded on August 24, 2010 and confirmed around that time by adding the instant real estate to the auction and deducting the auction cost from the proceeds thereof (Seoul District Court 2010Kadan117519), thereby filing a lawsuit for partition of co-owned property (Seoul District Court 2010Kadan117519).

(hereinafter “instant conciliation”) . 1. E shall be paid KRW 552,965,00 to the Defendant, on condition that KRW 55,296,50 shall be paid until October 30, 2010, and KRW 497,668,500 shall be paid until November 30, 2010, and KRW 497,668,500 shall be paid until November 30, 2010, and if E fails to pay the said money by the payment date, the unpaid amount shall be paid in addition to the damages for delay calculated at 30% per annum from the date following the date of payment to the

2. The Defendant is among the instant real estate to E by November 30, 2010.

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