logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.02.21 2011가합993
수익배분약정금
Text

1. The Defendant’s KRW 23,070,329 respectively to the Plaintiffs and KRW 5% per annum from April 1, 2011 to February 21, 2013.

Reasons

1. Basic facts

A. The deceased E (the deceased on May 27, 2009, hereinafter “the deceased”) has been operating a restaurant under the name of “G” (hereinafter “the instant restaurant”) in the vicinity of the Yongsan-si, Changwon-si. From 1965 to the name of “G” (hereinafter “G”). The plaintiff A is the second father of the deceased, the plaintiff C is the deceased’s children, and the plaintiff B is the fourth father of the deceased, and the defendant is the third father of the deceased.

B. The Deceased did not have an employee separately, and paid benefits to each child while operating the instant restaurant with his/her children. The deceased M& (Death around May 200) was responsible for the operation of the instant restaurant, the Plaintiff A’s customer contact and correspondence, the Plaintiff C’s cooking with his/her wife, and the Defendant was in charge of the purchase and accounting of materials.

C. On June 200, the deceased, upon the death of the deceased H, told the plaintiffs and the defendant, who are children of the following month, to the effect that they jointly operate the restaurant of this case and the profits therefrom are divided by four. The remaining children except the plaintiff B, who operated the restaurant separately in Seoul, were engaged in the duties of their own in the restaurant of this case as in the previous case, but there was no difference between the plaintiffs and the defendant, by settling accounts of the profits of the restaurant of this case separately.

As the deceased died on May 27, 2009, the plaintiffs and the defendant consulted to inherit the deceased's property, such as the site and the building of the restaurant in this case. The deceased's heir, as the deceased's heir renounced inheritance, decided to inherit the above inherited property equally. The plaintiffs and the defendant decided to inherit the above inherited property in February 2010. The plaintiffs and the defendant around February 2010 did not complete the registration of transfer based on inheritance due to the division in consultation with the plaintiff A, C, and the defendant as to the land and the building of the restaurant in this case, but instead, the above three persons did not complete the registration of transfer by inheritance due to the use and disposition of the restaurant in this case.

arrow