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(영문) 서울고등법원 2015.09.16 2015나2012640
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The content of this Court’s explanation on this part is the same as that of the corresponding part, except that it pays KRW 20,000,000 to F, “F,” in the column of “1.1. Basic Facts for the Reasons for the Judgment of the Court of First Instance 3,” and in the body of Article 420 of the Civil Procedure Act, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the following grounds: “The Court paid KRW 20,000,000 to F and E’s shares.”

2. The court's explanation about this part of the defendant's defense is the same as the statement in Paragraph 2 of the reasoning of the judgment of the first instance except for the change of "this court" to "the court of the first instance" of the judgment of the first instance as "the court of the first instance." Thus, this part of the judgment of the first instance is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the merits

A. The plaintiff asserted by the parties, on October 21, 1993, the heir of the deceased and the defendant et al. made a registration of ownership transfer based on the inheritance due to division under the name of the defendant and the deceased D with priority over the inherited property on October 21, 1993, but where the property is sold after the sale of the property, the proceeds from the sale shall be divided at the same rate as the plaintiff, the defendant pursuant to the agreement of this case, and as to each real estate listed in the separate sheet, the inherited property remaining in the defendant's name, the procedure for the registration of ownership transfer equivalent to the plaintiff's shares in the plaintiff's inheritance, and as to the inherited property already disposed, the procedure for the registration of ownership transfer equivalent to the plaintiff's shares in the inheritance among the proceeds from the disposal of the property already disposed of = 116,375,287 won = 44,017,924 won among the proceeds from the sale of the land of Seo-gu, Seo-gu, Seoul and the sale of the land of this case.

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