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(영문) 부산고등법원 2020.11.18 2020나52439
약정금
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of the first instance cited in the judgment is the same as the reasoning of the judgment of the first instance, except for any dismissal or addition as follows, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the court of first instance written or added shall be deemed to be “each description (including additional number) of evidence A, Nos. 1 and 2, No. 1 and No. 2, and No. 6 through No. 13” in column 4, No. 13 of the judgment of the court of first instance.

On the 6th page of the first instance judgment, the following matters shall be added to the 16th page below:

In the previous suit of this case brought against Plaintiff B on March 8, 2017, Plaintiff B claimed that “At the time of the deceased’s agreement on division of inherited property after the death, Plaintiff B claimed that “At the time of the deceased’s agreement on division of inherited property, all the successors, who want to inherit one fourth of inherited property, agreed to follow the Plaintiff’s opinion.” On May 31, 2018, the first instance court of the previous suit of this case rejected Plaintiff B’s claim against Plaintiff B on the grounds that, unlike the content of the agreement on division of inherited property, the Plaintiff sold real estate indicated in subparagraphs 2 through 7 of the judgment of the first instance and agreed to divide the proceeds from the sale of the real estate (such as rent, etc.) into one fourth of each, different from the content of the agreement on division of inherited property. Plaintiff B appealed and testified as a witness at the appellate court, but the appellate court (Seoul High Court Decision 2018 or 5389, Feb. 1, 2015) dismissed Plaintiff B’s appeal on the following grounds.

A, when the deceased lives, sold each real estate listed in Section 2 to Section 7 of the judgment of the court of first instance, and tried to purchase E's house.

After funeral ceremony, half of the above real estate was given to E while talking about inheritance, and the remainder was brought to E.

half shall be the majority.

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