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(영문) 부산지방법원서부지원 2020.10.14 2019가단8274
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a large child of the plaintiff.

The Plaintiff’s husband and the father of the Defendant (hereinafter “the deceased”) died on June 20, 209.

B. On January 22, 2009, the Deceased owned the real estate indicated in the separate sheet (hereinafter “D”) and drafted a testamentary document (No. 36, 2009) stating that he/she will testamentary gift to the Defendant.

C. As the Deceased died on June 20, 2009, the heirs including the Plaintiff and the Defendant prepared a written agreement on the division of inherited property on July 5, 2009, with the following content.

The written agreement on division of inherited property shall be made.

1. Among inherited property, the inherited property shall be owned by B (Defendant) of the Busan Northern-gu F (203m2, building with Dong lot number, D shop number);

1. Among inherited property, it shall be owned by a mother-friendly A (Plaintiff) with the G apartment H (84.15 square meters) in Busanjin-gu Busan Metropolitan City;

1. Among inherited property, it shall be owned by J in Yangyang-si I (2,840 square meters);

1. Among inherited property, it shall be owned by the mother-friendly A (Plaintiff) of the K Building L in Busan City/Gu.

The defendant completed the registration of transfer of ownership on October 6, 2009 due to inheritance due to the division by agreement on June 20, 2009 as to D shops.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including virtual numbers), Eul evidence Nos. 1, 2, 5 through 9, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion made a will that the Defendant, including the Plaintiff and the Defendant, succeed to D’s family before his birth to his children including the Plaintiff and the Defendant, and that the Plaintiff would manage D’s family while the Plaintiff’s female life and have the Plaintiff gain profits from D’s family.

After the death of the deceased, their children, including the Plaintiff and the Defendant, entered into a written agreement on the division of the inherited property of this case, and the Defendant independently succeeded to D’s shops according to the deceased’s will, and instead, agreed to have the Plaintiff gain from the lease of D’s family life during the Plaintiff’s female life (hereinafter “instant agreement”).

Accordingly, the defendant shall pay D's lease income.

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