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(영문) 대전지방법원홍성지원 2019.01.17 2018가합36
약정금
Text

1. The Plaintiff, Defendant B, and the remaining Defendants: (a) KRW 38,423,571; and (b) KRW 25,615,714, respectively; and (c) KRW 25,714, respectively, as to each of the said money.

Reasons

1. Facts of recognition;

가. 원고와 망 H 간의 이 사건 약정 체결 1) 원고와 망 H는 당시 임대광업을 하던 I로부터 명의를 빌려 1985년경 I 명의로 국가로부터 충남 홍성군 J 임야 1,488㎡, K 얌야 1,289㎡, L 임야 1,884㎡, M 임야 1,190㎡, N 임야 5,355㎡, O 임야 43,041㎡ 등 6필지 임야(이하 ‘이 사건 임야’라 한다

The forest land of this case was purchased on the condition that it should be used for mining for five years. The ownership transfer registration was completed on November 2, 1985 with respect to the forest land of this case under the name of I. 2) The network H completed the registration of ownership transfer on March 16, 198 with respect to the forest land of this case on March 15, 198.

3) On December 28, 2007, the Plaintiff and the Network H agreed on the instant forest land as follows (hereinafter “instant agreement”).

(4) The Plaintiff filed an application for provisional seizure of real estate on May 30, 2014 with the claim amounting to KRW 350 million with respect to the land of this case with the Hong-gun Hong-gun District Court red support 2014Kahap79, the Daejeon District Court rendered a request for provisional seizure of real estate on June 23, 2014, with the real estate claim amounting to KRW 350 million, and this Court accepted an application for provisional seizure of real estate on June 23, 2014.

B. H’s death and Q’s sole inheritance of the instant forest land 1) died on July 12, 2014. The Defendants and Q died of Defendant B, their children, and the rest of the Defendants, Q, R, and S. As R and Q were accepted in the Red Family Court of Daejeon on October 15, 2014 as the declaration of renunciation of inheritance was accepted in the Red Sung branch of the Daejeon Family Court, Q became the deceased co-inheritors of the deceased. 2) around December 18, 2014, with respect to H’s inherited property, including the instant forest land, etc. between the Defendants, R, and S, written confirmation as follows.

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