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(영문) 서울중앙지방법원 2018.01.19 2016가합569485
손해배상(기)
Text

1. The Defendant: (a) KRW 487,035,120 for the Plaintiff and KRW 5% per annum from November 24, 2016 to January 19, 2018; and (b) the Plaintiff.

Reasons

Facts of recognition

The relevant plaintiffs, the defendant, and C are children of the network D (Death on March 5) and the network E (Death on May 1, 15).

On March 28, 2013, the Plaintiff, Defendant, C, and E entered into an agreement on division of inherited property (hereinafter “instant agreement”) with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) after the deceased D’s death, as follows:

With respect to inheritance commenced upon the death of D on March 5, 2012, the plaintiff, the defendant, C, and E shall consult on the division of inherited property as follows:

Seoul Seongbuk-gu F

1. As to the above real estate, the heir, the plaintiff, and C shall own one half each.

2. The above Paragraph 1 is automatically executed when there occurs an imminent cause, such as the Defendant’s debt transfer of the above real estate to an auction.

At the time of the instant contract, in order to secure the Defendant’s debt to G, the joint collateral security (hereinafter “instant collateral security”) was established in Japan with a maximum debt amount of KRW 107,900,000 for each of the instant immovable property.

After the conclusion of the instant contract, the Defendant completed the registration of transfer of ownership on March 5, 2012, with respect to the portion of 3/9, the Plaintiff, the Defendant, and each of 3/9 of the instant real estate, among each of the instant real estate under Article 16682 received by the Dongdaemun-gu District Court Registry of Seoul Northern District Court on April 3, 2014.

Accordingly, on May 22, 2014, the Plaintiff and C filed a lawsuit against the Defendant and E against the Seoul Northern District Court 2014Gahap22417 against each of the instant real estate as the Seoul Northern District Court 2014Gahap2417.

On June 24, 2014, the Plaintiff, Defendant, C, and E agreed during the said lawsuit as follows.

1. The Plaintiff, and C, pursuant to the instant contract, shall file for registration for cancellation of ownership due to the division of inherited property (including cancellation registration or transfer registration) by June 25, 2014 with respect to each of the instant real property by June 25, 2014.

2. The defendant, E, the plaintiff.

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