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Reasons
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(영문) 전주지방법원 2018.12.12 2017가합4033
청구이의
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1. The Defendant’s Seoul High Court en banc Decision 2016Na10068 decided March 16, 2017 (main office) against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, and net D (Death on July 23, 1967) are deceased E (Death on December 7, 2008, hereinafter “the deceased”) and F’s children.

B. As a result of the deceased’s inherited property, there was a dispute between the deceased’s children, and at the same time the Plaintiff pays KRW 1 billion to C, and at the same time the Defendant and C implement the procedure to transfer the ownership of inherited real property to the Plaintiff (Seoul High Court Decision 2012Na25328; hereinafter “instant conciliation”), the conciliation protocol was concluded (Seoul High Court Decision 2012Na25328; hereinafter “instant conciliation”).

C. In a lawsuit related to the distribution of inherited property, the Defendant concluded an agreement with C to pay the remainder of the agreed amount, excluding KRW 50 million, to the Defendant,” and filed a lawsuit against C claiming payment of KRW 950,000,000,000 for the agreed amount (former District Court 2013Gahap2916). On January 21, 2015, the decision to recommend settlement (hereinafter “the decision to recommend settlement in this case”) was finalized on the grounds that “C shall transfer to the Defendant the part equivalent to KRW 2,50,000,000,000 among the claims it has against the Plaintiff.”

The Defendant filed a lawsuit against the Plaintiff against the Plaintiff on the ground that the Defendant’s claim for the amount of KRW 250,000,000,000, which the Defendant had against C pursuant to the decision on the recommendation for reconciliation of this case, is the preserved claim, and C exercised the Plaintiff’s subrogation of the claim amount

(former District Court 2013Gahap5670). The appellate court (the Jeonju High Court 2016Na10068, 10099 (Counterclaim), hereinafter referred to as “Prior Action Litigation”) rendered a judgment with the following contents, which became final and conclusive August 31, 2017:

(hereinafter referred to as “prior judgment”). A.

The Plaintiff’s KRW 250,00,000 and interest thereon are 5% per annum from August 28, 2013 to April 20, 2017, and 15% per annum from the next day to the day of full payment.

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