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(영문) 서울서부지방법원 2020.09.23 2020가단235282
약정금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s father D and Ma jointly owned 1,00,000 won for KRW 311,00,000,000, while the Plaintiff’s father-D and Ma jointly owned one parcel of land G apartment H on April 4, 2016.

1. All expenses incurred economically by their parents until their support is completed shall not be liable to the Plaintiff and their wife.

2. The Plaintiff shall not be liable if the parent bears monetary responsibility for the real estate sales contract.

3. The parent's total balance of the bankbook (the majority including post offices, investment trust, etc., majority of the parent-agricultural association, etc.) and the amount of real estate sale shall be verified, and the expenses for support of the parent shall be transparent. If the parent's care is paid in person, the person who

4. In principle, the residual property of a parent after his/her death shall be one/her sibling.

B. On May 29, 2016, the Plaintiff and the Defendants drafted an undertaking with the following content (hereinafter “instant undertaking”).

C. The Plaintiff’s father D died on August 7, 2019, and the mother died on October 19, 2019, and his heir is J (Nam), the Defendant B (Nam), the Plaintiff (Nam), and the Defendant C (boys).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. According to the letter of promise of this case, the Plaintiff shall settle the amount calculated by subtracting the expenses for hospital in a convalescent hospital, support expenses, loans, etc. from the parent’s property, such as apartment purchase price and deposit in the account in the name of the parent, which was disposed of before the parent’s life, until the parent’s death, and then divide the amount into 1/3. However, the Plaintiff did not settle the amount with the parent so that the parent could have passed since his death.

B. In a case where co-inheritors fail to reach an agreement on the division of inherited property, or are unable to reach an agreement on the division of inherited property, the co-inheritors may file a claim for adjudication on division of inherited property with the family court, as prescribed by the Family Litigation Act, and inherited property.

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