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(영문) 서울남부지방법원 2016.10.20 2015가단208065
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The I, born and resided in H’s dog, died on August 23, 1955 while he was living in Seoul during the Korean War.

B. On June 25, 1950, at the time of the Korean War, K, a South Korean War, died, and K, a South Korean War, succeeded to the network I's property by proxy.

In addition to K, L, M, N, O, P, and Q were children of the network J. However, M and N were declared missing on November 13, 200 due to the expiration of the respective period of disappearance in Seoul Family Court.

C. On January 9, 199, K died, and as its inheritor, there was R, S, T, E, and F, Defendant G and its wife, who was its wife. On August 31, 2004, the above inheritor consulted on the division of inherited property by Defendant G’s sole inheritance of the net K’s property.

L died on July 29, 2005, and the plaintiff B, C, and D, who is the wife of the property, jointly succeeded to the property.

E. Defendant F completed the registration of ownership preservation on October 5, 2007 with respect to U.S. 255 square meters and V road 73 square meters, and on October 25, 2007, Defendant F sold on the same date, and on October 5, 2007, Defendant F completed the registration of ownership preservation on October 5, 2007 with respect to the land of 126 square meters prior to the same time (a total of the above Si-X land) (hereinafter “instant land”).

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The Plaintiffs asserted that the deceased L and Defendant G agreed to fairly distribute their inherited property through a lawsuit, etc., but the Defendants sold the instant land, which is the deceased I’s inherited property after L, to a third party. As such, the Defendants are obliged to pay to the Plaintiffs 1/2 of the proceeds of the sale in accordance with the above agreement.

The evidence Nos. 3 through 6, 13, and 17 and witness testimony Nos. 1/2 of the deceased I's inherited property found by Defendant G to remain after L.

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