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(영문) 서울동부지방법원 2018.09.19 2018가합102834
손해배상(기)
Text

1. The Plaintiff; Defendant B’s KRW 247,616,571; Defendant C and D respectively, KRW 165,077,714; and each of them from June 25, 2014.

Reasons

1. Basic facts

A. The status of the parties and E, F, G, H, and network I (hereinafter “the deceased”) are siblings-related relationship. Defendant B is the wife of the deceased, and Defendant C and D are children between the deceased and the Defendant B.

B. Agreement 1 between the Plaintiff, E, the Deceased, etc.) The Plaintiff is the land indicated in the separate sheet (hereinafter “instant land”). The Plaintiff is the “sub-land” according to the sequence in the above list when he has complied with the individual land.

(B) 18 Ji land in Gyeonggi-gu, Gyeonggi-do (hereinafter referred to as “Ji land”);

After purchase, the registration of ownership transfer was completed in the deceased’s name until 1986.2) Meanwhile, the Plaintiff’s brothers and sisters jointly inherited the land and building on land (hereinafter “M real estate”) in Yeongdeungpo-gu Seoul Metropolitan Government from the deceased K, and the remaining brothers and sisters except F agreed on January 26, 2004 with the following content:

(The following parts are related to the land of this case). The summary of the agreement is that M&E of the deceased, etc., except the plaintiff, and that of this case.

1. It shall be intended to exchange for the Ji land owned by the plaintiff the respective shares of M real estate inherited from the reference K;

2. Each person’s respective inheritance shares in M/M agree to exchange with Plaintiff 6/20, E 4/20, the Deceased 4/20, the Deceased 4/20, the H 4/20, G 1/20, the F1/20 (Inheritance Shares based on de facto marriage) or Jari land, which are legal inheritance shares.

4. F's 1/20 disposal problem is governed by the legal procedure for the collection of loans to F by the Plaintiff, thereby excluding F.

5. A plan for the exchange of land by lots of J-ri land shall be as shown in attached Form;

(See attached Form). 8. The deceased, who is a simple title of land, shall keep all documents necessary to implement the procedures under paragraph 7 at the earliest as soon as possible.

Attached Form

The division plan shall be 2,503 square meters prior to Plaintiff N, in total, of the area of voice name lot numbers as follows.

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