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(영문) 수원지방법원 2018.09.05 2016가합76349
구상금
Text

1. Defendant C and Defendant (Counterclaim Plaintiff) E are 22,50,000 won and each of the said money to Plaintiff A and Plaintiff (Counterclaim Defendant) B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiffs' land inheritance FF died on April 22, 2010, and there are plaintiffs, defendants and G as inheritors.

- In the event of lease deposits, debts, cancellations, penalty, damages, etc. which are not mentioned in the basic agreement on the division of inherited property, six successors shall bear one-n jointly.

claims shall be jointly inherited.

(hereinafter referred to as “instant equal share clause”) - - When a joint payment obligation is created to other heirs due to a failure to pay the tax return expenses and inheritance tax, an amount equivalent to twice the sum of the tax return expenses, inheritance tax, additional tax, attached tax, and all other expenses related to the principal case shall be paid to the heir who jointly pays as damages and penalty.

As of January 25, 2011, F’s successors, including the Plaintiffs and the Defendants, divided the inherited property consultation and division.

(hereinafter referred to as “division of inherited property”. The division of inherited property agreement of this case includes the following:

According to the division of the instant inherited property agreement, the Plaintiffs were to inherit the land of Pyeongtaek-si H orchard 3007 square meters and 216 square meters of I orchard (hereinafter “instant land”) and completed the registration of transfer of ownership on April 22, 2010 for the instant land due to inheritance by consultation and division.

On March 19, 2010, the disputingF sold the instant land in KRW 1,300,000,000 to J, and died with the status of KRW 1,00,000,00 after receiving the down payment.

(2) The above sales contract was concluded at the time of the division of the inherited property. However, at the time of the division of the instant sales contract, the value of the instant land was calculated as KRW 1,700,000,000 on the premise that the instant sales contract was cancelled, and then the amount of KRW 1,500,000,000, which shall be returned to J, obtained by subtracting the down payment and penalty to be returned to J., as well as KRW 200,00.

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