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Reasons
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(영문) 수원지방법원 2017.06.16 2016가합3501
약정위반금
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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. The Plaintiff and the Defendant are the children of deceased C (the deceased on February 24, 2014, hereinafter “the deceased”) and D, the Plaintiff’s large children, E, and the Defendant is the second offspring.

B. On April 21, 2014, the deceased’s heir D, the Plaintiff, E, and the Defendant agreed on the division of inherited property on the same day (hereinafter “instant agreement”), and the Defendant notarized it.

B, due to the death of C of the deceased C, a person entitled to inheritance, shall waive C's inherited property, cash, property owned by clans and the right to inheritance shares and the right to inheritance shares owned by D, which fall into the ownership of the deceased C's property, and shall waive A's right to inheritance shares and shall waive A's right to legal reserve of inheritance. If the heir succeeds to inheritance by agreement, without any condition, all documents will be provided.

C. In accordance with the instant agreement, the Defendant received from the Plaintiff the registration of ownership transfer on the land F in Suwon-si, Suwon-si and its ground buildings, and received KRW 88,00,000 from the Plaintiff on the following terms:

Receipts: He shall receive the above amount on the condition that he waives inheritance to A, who is omitted, including the daily amount of the G factory deposit and the amount including the KRW 10 million,00,000,000,000,000,000,000,000,000 won.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendant filed a request for the commencement of adult guardianship against the mother D, a dementia patient, violated the instant agreement by allowing D to exercise his/her right to the deceased’s property inherited by using D.

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