(영문) 수원지방법원 2015.10.30 2015가단102237

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(영문) 수원지방법원 2015.10.30 2015가단102237

채무부존재확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant, who died on September 3, 2010, inherited the deceased’s property at the ratio of 1/2 shares, respectively, as the children of the deceased C (hereinafter “the deceased”).

B. On September 23, 2013, the Plaintiff filed a claim against the Defendant for a judgment on the division of inherited property (hereinafter “instant case on the division of inherited property”) with the Suwon District Court 2013Dhap31.

C. On September 16, 2014, in the instant case of the division of inherited property, the decision of recommending reconciliation (hereinafter “the decision of recommending reconciliation of this case”) was made with the following contents, and the said decision of recommending reconciliation became final and conclusive because the Plaintiff and the Defendant did not raise any objection.

1) The attached list 1, 2 real estate listed in the deceased’s list owned by the deceased shall be divided into the Plaintiff’s ownership, 3, 4, and real estate owned by the Defendant. 2) The Plaintiff shall pay KRW 29,310,000 to the Defendant by October 31, 2014. If the Plaintiff fails to pay the above amount by the payment date, 15% interest per annum from the date following the due date of delay until the due date of full payment shall be paid.

3) In relation to the instant inheritance, the Plaintiff and the Defendant shall not institute any lawsuit, such as a death penalty, etc. (special agreement on the lawsuit). (4) Costs of lawsuit shall be borne individually by each party.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s total amount of KRW 24,575,020 that was repaid by the Plaintiff for the Defendant at KRW 29,310,00 in accordance with the decision of recommending the settlement of this case (=16,174,390 (hereinafter “instant obligation”) with respect to the lessee D with respect to the instant real estate (hereinafter “instant obligation”).

(2) Of the 10,000,000 won (hereinafter “instant liability”) equivalent to the Defendant’s shares in inheritance among the 10,000,000 won as to the lessee’s obligation to return the lease deposit to the Plaintiff with respect to the instant 2 real estate (hereinafter “instant obligation”).

③ The remainder of the deposit for real estate of this case is KRW 500,000 and KRW 50.

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