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(영문) 창원지방법원진주지원 2017.11.30 2016가합11687
약정금
Text

1. Defendant B, C, D, and Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 430,000,000 and this.

Reasons

1. Basic facts

(a) Family relationship 1) The deceased F (hereinafter referred to as “the Deceased”);

On October 8, 2008, the deceased died. 2) There are children between the deceased and G, the former wife of the deceased, who are the Plaintiff (1959), H (19), I (1), and J (1968) (hereinafter collectively referred to as “the Plaintiff’s successors”).

3) At the time of the death of the Deceased and the Deceased, children between the Defendant B, who were the wife at the time of the death of the Deceased and the Deceased, are the Defendants or the Defendant’s inheritors when they refer to the names of Defendant E (1969), D (1970), and C (1976) (1).

According to the transcript of the family register, Defendant E and D are registered as children between the deceased and G. In light of the fact that the date of the marriage report between the deceased and the Defendant B on January 30, 1976, it seems that they are merely recorded as G’s children only on the family register.

B. (B) During the dispute regarding the deceased’s inherited property, the deceased owned 1/3 shares of each of the lands listed in the separate sheet 1 through 13 as at the time of the death, 82/2,505 shares of each of the lands listed in the separate sheet 1 through 16, and 17 and 18 shares of each of the real properties listed in the separate sheet 1 through 13, and the provisional registration of the claim for share transfer on each of the above shares of the deceased was completed for each of the lands listed in the above list 1 through 13.

2) On the basis of the provisional registration stated in the above paragraph (1) of this Article, the Plaintiff filed a lawsuit against the remaining Plaintiff’s inheritors and Defendant’s inheritors, other than the Plaintiff, seeking the registration of ownership transfer based on the conclusion of trade reservation regarding shares in the pertinent inheritance among the lands listed in the attached list 1 through 13, and the Defendant’s inheritors filed a counterclaim against the Defendant’s heir seeking the cancellation of the provisional registration on the ground that the above provisional registration becomes null and void due to a false declaration of agreement (the first instance court: Changwon District Court Branch Branch Branch Decision 2010No3963 (principal suit), 201No2608 (Counterclaim): Changwon District Court Branch Decision 2011Na13054 (principal suit), 2011Na13061 (Counterclaim), 2061 (Counterclaim), H, I, and J, on the ground that the part of the principal claim against the Plaintiff’s claim against the Changwon District Court.

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