(영문) 대전지방법원 2017.11.09 2016가단202012

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(영문) 대전지방법원 2017.11.09 2016가단202012

약정금

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

The Plaintiff’s primary claim for determination as to the claim for the return of agreed money and legal reserve and the Defendant is the deceased C’s children. The Defendant, around November 2008, agreed to dispose of 34,314 square meters and 99 square meters of forest land E-land (hereinafter “each land of this case”) at will in order to pay 100 million won each out of the sale price to six siblings including the Plaintiff while keeping part of the sale price. As such, the Defendant is obligated to pay the Plaintiff the above contract amount to KRW 100 million and damages for delay.

Preliminary Claim: (a) the Defendant sold each of the instant land owned by the deceased C and stored or used the sales price; (b) the donation was made from the deceased C with the sales price, and the donation was in violation of the Plaintiff’s legal reserve of inheritance; and (c) the Defendant is obliged to pay the Plaintiff the shortage of legal reserve of inheritance amounting to KRW 13,647,00,

Judgment

If the purport of the entire argument is added to the statements in Gap evidence Nos. 1 and 2 (including each number), it is recognized that the plaintiff and the defendant are children of the deceased C, and that the registration of ownership transfer has been completed in the name of six persons including the network C with respect to each of the land of this case, and that the registration of ownership transfer has been completed in the name of Dong C on Oct. 16, 2008 due to the death of other joint holders, and that the registration of ownership transfer has been completed in the name of Dong C on Nov. 14, 2008 with respect to each of the land of this case on Nov. 14, 2008, and that the registration of ownership transfer was completed on Nov. 14, 2008 as of Apr. 20, 2009.

However, it is not sufficient to recognize that the defendant agreed to pay 100 million won to the plaintiff while keeping the sale price of each land of this case in custody, and there is no other evidence to acknowledge it otherwise.

Therefore, it is true.

유사 판례

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