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(영문) 서울북부지방법원 2020.11.10 2020가단103976
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant are children of the network C, who are children of the network C.

B. After the death of the deceased C, the co-inheritors, including the Plaintiff and the Defendant, agreed on the division of inherited property regarding D land and buildings (hereinafter “instant real estate”) that are inherited property. In the process, the Plaintiff agreed with the Defendant on June 20, 2018 (hereinafter “instant agreement”).

1. The Plaintiff’s share in the inheritance of the instant real estate is transferred to the Defendant, and the Defendant does not raise any objection against the registration of the sole inheritance.

2. The defendant shall pay 88 million won in return for the transfer of the above shares.

However, Dong Jae-si is a condition under which he pays the above money when he directors in 2024 from the real estate of this case, and the plaintiff can move to and reside in the first floor of this case, and the above money can be paid simultaneously with the delivery of the above real estate in 2024.

3. One fifth of the costs for the inheritance registration of the instant real estate shall be paid by the Plaintiff.

C. On June 25, 2018, the Defendant completed the registration of ownership transfer in the Defendant’s sole name on the ground of inheritance by consultation and division on August 22, 2017, and E is residing in the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff received KRW 88 million from the Defendant for transfer of the Plaintiff’s inheritance shares through the instant agreement was subject to the Plaintiff’s residence on the first floor of the instant real estate in 2024. However, the Defendant was unable to have the Plaintiff reside on the first floor of the instant real estate in violation of the said condition.

Therefore, since the Defendant violated the terms and conditions stipulated in the instant agreement, it is obligated to immediately pay the Plaintiff KRW 88 million.

B. In the instant agreement, the Defendant’s KRW 88 million is determined.

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