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(영문) 인천지방법원 2018.09.04 2017가단212643
약정금
Text

1. The Defendant’s KRW 43,696,818 as well as 5% per annum from October 5, 2015 to September 4, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 12, 1980, Nonparty C left a house of 50 square meters and above ground (hereinafter “instant real estate”) in Yongsan-gu Seoul Metropolitan Government with inherited property as inherited property. The Defendant is one of the deceased’s successors.

B. Around August 2006, the Plaintiff entered into a delegation agreement (hereinafter “instant delegation agreement”) with the Defendant on the division of inherited property and the registration of ownership transfer pursuant thereto (hereinafter “instant delegation”).

(2) The defendant alleged that the confessions were contrary to the truth and due to mistake on the second date for pleading. However, as to the fact that the confessions were contrary to the truth and due to mistake, it is not sufficient to recognize the above confessions alone, and there is no other evidence to acknowledge it, and the revocation of confessions is not effective).

In around 2007, the Plaintiff returned lease deposit, etc. to Nonparty E, who was the lessee of the instant real estate, for the management of delegated affairs, and agreed on division of inherited property on behalf of the Defendant between the deceased’s heir and the deceased’s heir to own the instant real estate solely.

On May 28, 2007, the registration of ownership transfer was made in the name of the defendant on the ground of inheritance by agreement division.

【Ground for Recognition: Facts without dispute; Gap evidence 1-2, 4, 7 through 12, 2, 3, 5, 6-1, 2, and 7; the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff the necessary expenses incurred by the plaintiff as a mandatory pursuant to Article 688 (1) of the Civil Act with interest accrued from the management of the delegated affairs of this case and from the date of payment thereof, barring any special circumstance.

Furthermore, the necessary expenses to be returned to the defendant.

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