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(영문) 서울중앙지방법원 2017.06.16 2017나6961
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

C (hereinafter referred to as “the deceased”) died on March 26, 2013, and the spouse D of the deceased, the Plaintiff, the Defendant, and E jointly inherited the deceased.

On March 14, 2014, in respect of each real estate listed in the separate sheet remaining in the name of the deceased, the registration of ownership transfer was completed based on inheritance according to the proportion of inheritance by the plaintiff, the defendant, D, and E, who are co-inheritors of the deceased.

On July 8, 2014, the Defendant filed a claim against the Plaintiff, D, and E for a trial on the division of inherited property under the Seoul Family Court Decision 2014-Ma30104, and in the above trial, D and E claimed the contributory portion against the Defendant, and filed a claim for a trial against the Defendant under the 2014-Mahap3027.

(hereinafter referred to as “the instant case of family non-litigation”) 1. The petitioner (the counter-appellant; hereinafter referred to as “applicant”) is the defendant of this lawsuit.

The other party (hereinafter referred to as the "the other party") shall consult on the division of the inherited property of the deceased C in the following manner:

Attached Form

Each real estate recorded in the list shall be as shown in the attached Form of this Judgment.

B The claimant is 2/9 shares, the other party D's 3/9 shares, the other party E's 2/9 shares, and the other party A's plaintiff in this lawsuit.

2/9 The shares shall be divided into joint ownership.

B. The other parties jointly and severally pay 750,000,000 won to the claimant for the settlement of accounts, and 250,000,000 won out of the three installments until December 31, 2016, and 250,000,000 won shall be paid until December 31, 2017, and the remaining 250,000,000 won shall be paid until December 31, 2017. If the other party makes the payment one time, the other party loses the benefit of time, and the other party shall pay the unpaid amount by adding 10% per annum from the day following the date of loss of benefit of the above time to the day of full payment.

2. The claimant and the other party shall be all civil, household, and criminal cases with respect to the inherited property of the inheritee in the future.

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