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(영문) 서울서부지방법원 2018.04.06 2017가단1854
협의약정이행청구
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A, B, C, D (Opening Name G) and the defendant E are children between the network H and I, and the defendant F is the defendant E's fraud.

B. The net H died on February 29, 1993.

On October 1993, all inheritors of the deceased agreed on the division of inherited property as follows.

[A] JM NOO P P Q A CG R TPP CG B G L

C. On April 29, 1994, among the inheritors of the deceased, six people except U and the plaintiff B entered into an agreement with the following:

(Consultation Agreement in this case). [A] V AB C AG QK A L A MM OMMM A R R TPP C A A A ABP Y Q APP APP A YP AP AP AP A C

D. On May 31, 198, Defendant E completed the registration of transfer of shares 6,101/22503 with respect to the real estate listed in the [Attachment List] on May 31, 198. Defendant E completed the registration of transfer of shares in Defendant F in the name of Seopo District Court No. 14942, Apr. 17, 2008.

E. On June 10, 198, Defendant E completed the registration of transfer of ownership of each 1/4 square meters with respect to a 6,248 square meters for AB stock in Jeonnam-gun, Jeonnam-gun, AB stock, 12,496 square meters for AC forest, 39,372 square meters for AD forest, and 18,842 square meters for AE forest.

[Evidence No. 1, No. 2, s.B. 2]

2. Summary of the plaintiffs' assertion

A. The Plaintiffs, as to the division of the inherited property by Defendant E, agreed to transfer each of 1,250 square meters among the shares in Defendant E’s name among the shares 6,101/22503 in the instant agreement regarding the division of the inherited property. Next, Defendant E agreed to pay 5,00 square meters among four parcels, including 6,248 square meters in his/her name, to Plaintiff AB stock farm site in the Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, and thus, Defendant E agreed to pay the Plaintiff A

Therefore, the defendant F should cancel the transfer registration of shares completed in the future as to the real estate stated in the attached list, and the defendant E should make the plaintiffs transfer registration in accordance with the agreement of this case and pay the plaintiff A money equivalent to the officially announced value of 5,000 square meters.

(b) Defendant E and the Defendant, if the conjunctive cause of the claim exists.

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