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(영문) 인천지방법원 2015.04.03 2014가단11764
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. On May 25, 201, D, which was in a de facto marital relationship with the Plaintiff, promised to the Plaintiff on May 25, 201, that “I will sell D’s house to the Defendants, and offer a house to live together with the Plaintiff at KRW 50 million deposited by the Plaintiff and D, and pay KRW 50,000,000 to the Plaintiff if I did not implement it.”

(hereinafter referred to as “the instant payment agreement”). (b)

D As the Defendants, the heir of the network D (hereinafter “the deceased”) died on April 27, 2013, are obligated to pay KRW 25,000,000 to the Plaintiff according to the instant payment agreement.

2. First of all, as to whether the deceased agreed on the payment of this case to the plaintiff, according to the results of the written appraisal by appraiser E, it cannot be determined whether the completion of No. 1 and the completion of No. 7 in the register of issuance of certificates of seal imprint is the same person, and there is no other data to recognize the authenticity of No. 1, and thus, it cannot be viewed as evidence of the payment agreement of this case.

In addition, the entries of No. 6-1 to 3, and No. 8 are insufficient to recognize that the deceased agreed to pay to the Plaintiff by itself, and there is no other evidence to acknowledge it.

3. Conclusion, the Plaintiff’s claim against the Defendants is dismissed on the ground that it is without merit.

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