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1. Defendant E shall pay to each of the Plaintiffs KRW 50,00,000 and 15% per annum from January 10, 2019 to the date of full payment.
Reasons
1. On April 24, 2012, the Plaintiffs owned 1590 square meters prior to H, 13745 square meters prior to H, 375 square meters prior to J, and 2387 square meters prior to K (hereinafter “each of the instant lands”), each of which owns one-third shares, and transferred all the ownership to the deceased L (hereinafter “the deceased”).
Around the time of transfer of ownership as above, the Deceased promised to the Plaintiffs that “the creation of a collateral security as well as the sale (from five years after the completion of the registration of ownership transfer) will comply with the conditions without objection if three plaintiffs jointly make an objection.” Accordingly, on September 3, 2003, the Deceased promised to pay KRW 60,000,000 out of the collateral security claims to the Plaintiff and D, with the maximum debt amount of KRW 150,000,000 with respect to each of the land of this case as well as the deceased and the right to collateral security.” On August 22, 2013, the Deceased promised to pay KRW 60,000,000 among the collateral security claims.
After that, the deceased died on October 12, 2014, and there was Defendant F and G, who is the wife of the bereaved family, as the bereaved family member.
[Ground of recognition] Facts without dispute, entry of Gap 1 (including virtual number) to 8, the purport of the whole pleadings
2. Determination:
A. The plaintiffs asserted that they each have the claim for the agreed amount of KRW 50,000,000 against the deceased. Since the Defendants jointly inherited the deceased's property, they asserted that if Defendant E simply approved the inheritance, Defendant E has the obligation to pay the agreed amount (preliminary claim).
B. According to the facts as seen earlier, the Plaintiffs and the Deceased agreed that “The Deceased shall dispose of each of the instant land and pay the amount of the claim of a right to collateral security to the Plaintiffs upon the Plaintiffs’ request after five years thereafter, instead of setting up a right to collateral security in the name of the Plaintiffs while transferring the ownership of each of the instant land to the Deceased.” Thus, the Deceased is obligated to pay each of the Plaintiffs KRW 50,000,000 (=150,000,000 + 1/3).