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(영문) 부산지방법원 2016.01.28 2015가단234189
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C had three females, including E (1) and F (2), G (1 South, 1 South, 3) and B (3) and the Defendant, I (2 South, 3) and I (2 South, 3) and A (3), the Plaintiff, 3, 3) and L (4, 3).

B. Following the death of C, the issue of disposal of the inherited property was led by F.

Plaintiff

When the shares in shares are identical, when the father's shares per head are 1.5 days, approximately 30,1250,000 won per child each 29,1410,000 won per head of child, or about 1,000,000 won per head of H to 1,000,000 won per child, or about 1,000,000 won per 1,000,000 won for 5 million won for 2 million won for 1,5,000,000 won for 2 million won for -5,000 won for 3 million won for 2 million won for -5,000 won

C. On June 5, 2015, the Plaintiff sent to F a letter stating that he/she will calculate the amount to be distributed to F in his/her share and pay it to other inheritors, etc. as indicated below.

(which has a child of an inheritor) d.

The F remitted 30 million won to the Defendant around July 30, 2015.

E. On August 3, 2015, the Defendant remitted KRW 30 million to L on August 3, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1, 2, and 3

2. Determination as to the claim

A. The Plaintiff’s assertion that the Defendant is obligated to pay 30 million won to the Plaintiff, as the Defendant agreed to pay 30 million won to the Plaintiff.

B. The following facts and circumstances acknowledged as witness L’s testimony and added the purport of the entire argument, i.e., the first F led to the distribution of inherited property, but I resisted F and the Defendant that he would handle the issue of distribution of inherited property, and in order for F to properly dispose of the issue of distribution of inherited property, F transferred it to the Defendant and again remitted it to L for the Defendant (the Plaintiff’s above letter appears to have been known at the time, and there seems to have been a punishment system demanding the management of the Plaintiff’s above letter to be in accordance with it). Also, the heir’s opinion appears to have been expressed, such as father’s and father’s share of part of the inherited property among the inheritors.

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