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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 6, 1983, the Defendant married Nonparty C with Nonparty C on April 6, 1983, and married life with D and E as his child, and the agreement was married on November 29, 199, and the Plaintiff (1933 birth) is the mother of the said C.
B. From around 1996 where the Defendant maintained a matrimonial relationship with C, he continued to reside in the same apartment after residing in the instant apartment from around 1996, and the above apartment house was owned by the father of C and the husband of the Plaintiff, F, the husband of the Plaintiff, after completing the registration of ownership transfer on his own name on December 28, 1995.
C. However, upon the finding of the deceased’s will to transfer the ownership of the instant apartment on September 14, 2014 by the F (hereinafter “the deceased”) to the Plaintiff, the deceased’s heir agreed to divide the inherited property that the Plaintiff would solely inherit the instant apartment.
Accordingly, on March 16, 2015, the Plaintiff completed the registration of ownership transfer in its name with respect to the apartment of this case.
On the other hand, around July 18, 1999, C agreed to divorce with the Defendant, and agreed that “A shall complete the registration of ownership transfer on the apartment of this case by December 30, 199, for the purpose of consolation money and division of property, and shall pay KRW 1.5 billion if it is not fulfilled (hereinafter “instant First Agreement”). Around March 25, 2008, C and the Defendant again did not perform the said agreement. Around March 25, 2008, C transferred ownership to the Defendant pursuant to the said agreement that “C shall transfer ownership to the Defendant immediately upon inheritance by inheritance by FF after the owner of the instant apartment, the owner of the instant apartment of this case. In short, C shall pay the Defendant in cash equivalent to the current market price of the sale of the instant apartment of this case” (hereinafter “instant agreement”).
However, as C did not perform its obligations under each of the above agreements even after F’s death, the Defendant filed a claim against C for payment of agreed amount with the competent court 2014 Gohap57181.