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(영문) 서울중앙지방법원 2017.11.21 2017가단41635
약정금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of litigation shall be borne by the plaintiff (appointed party) and the selected party.

Reasons

1. Facts of recognition;

A. On December 29, 2014, the deceased C died due to a traffic accident, and his heir is the Plaintiff, the designated person, and the Defendant, who are the deceased’s children.

B. At the time of death, the Deceased owned 203 multi-household houses located in Gyeonggi-gun D (hereinafter “instant house”) and deposit claims of 75,926,668 won.

C. Around January 12, 2015, the Plaintiff, the Appointor, and the Defendant agreed on the division of inherited property to be solely inherited by the Defendant, and the Defendant completed the registration of ownership transfer on the said house on the ground of the agreement on January 16, 2015, and thereafter, the said house is incorporated into a family urban planning and completed the registration of ownership transfer on February 7, 2017.

On March 18, 2015, the Plaintiff received 62,640,000 won from Dong Fire & Marine Insurance Co., Ltd. for the death of the Deceased and remitted the remainder of 59,348,000 won after deducting litigation costs, etc. to the Defendant.

E. On July 13, 2015, the Defendant paid each of the inherited property KRW 41,000,000 to the designated parties, and to the Plaintiff on July 14, 2015.

F. On September 16, 2015, the Plaintiff received an agreed amount of KRW 7,000,000 from the driver of the household in the traffic accident causing the death of the Deceased and remitted it to the Defendant on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-1 through 7, Gap evidence 4-1, 2, Gap evidence 5-2, Gap evidence 10-1, 2, 3-1, 3-2, and 3-2, and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the consultation on the division of inherited property as to the instant housing asserted by the Plaintiff, the Defendant agreed that if the said housing was expropriated after the completion of the registration on the division of inherited property, and the heir would receive compensation from the competent authority, it shall be divided equally with other inherited property. As such, the Defendant agreed that the Plaintiff and the designated person shall be divided equally with other inherited property.

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