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(영문) 서울북부지방법원 2018.07.19 2017가합23602
약정금
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 relevant Plaintiffs and the Defendant are both the children of the network G (hereinafter “the network”) and the network H.

B. On June 24, 1993, the deceased died on June 24, 1993. 2) The Plaintiffs and the Defendant, among the property of the deceased, agreed on the division of the inherited property with the Plaintiff’s inheritance: the Gyeonggi-do forest 8,09 square meters (hereinafter “instant land”) and the 1,683 square meters before J (hereinafter “instant 2”) were the Defendant’s land in Yangju-gun, Yangju-gun, K-gun, 807 square meters, the 93 square meters before L, and the 96 square meters in Man-gun.

C. The Defendant divided the instant land into KRW 3,403 square meters of I Forest, N Forest, 445 square meters of land, O Forest, 839 square meters of P Forest, Q forest, 657 square meters of land, R forest, 322 square meters of land, S forest, 1,477 square meters of land, and 26 square meters of T Forest. 2) The instant land was divided into KRW 776 square meters prior to Yangju-gun-gun-gun, Gyeonggi-do, and KRW 907 square meters prior to J. 2)

3) On December 23, 2015, the Defendant, among the instant land 1, on December 23, 2015, transferred to the Korea Land and Housing Corporation the Gyeonggi-do Yangju-gun P 830 square meters of land among the instant land, the Gyeonggi-do Yangju-gun Q 657 square meters of land, the 322 square meters of land in S forest, the 1,477 square meters of land in land, and the 26 square meters of land in this case, and the 535,670,980 square meters of land in Yangju-gun, the Defendant sold 830 square meters of land in this case among the instant land to V in the amount of KRW 527,00,000.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 7 (the plaintiff submitted evidence No. 1 under the premise that the authenticity of Gap evidence No. 1 is established, and stated to the effect that it is revoked on the fourth date for pleading, but there is no evidence to prove that the above recognition was contrary to the truth and due to mistake, the above revocation shall not be effective), Eul evidence Nos. 1 through 3 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Determination

A. The plaintiff's assertion and the defendant are in the name of the defendant who is the south of the land of this case, and the above land is sold or transferred.

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