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(영문) 부산지방법원 2018.11.15 2017가합41166
약정금
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The deceased F (the deceased on May 24, 1998, hereinafter referred to as “the deceased”) had the Defendant, the South-Namnam, Plaintiff A, Plaintiff B, Plaintiff C, and Defendant C as his/her child between the deceased G (the deceased on November 10, 2015).

B. At the time of the death of the deceased, the real estate in the name of the deceased is as follows:

On September 29, 1979, evidence No. 1 Yangsan-si No. 939С for H farm site No. 1 Yangsan-si on the date of acquiring the indication of real estate, and on September 29, 1979, the registration of preservation of ownership on December 21, 1984, Gap 3-7 Yang 2,403С for the completion of construction on November 30, 1988, and Eul 3-34 Yangsan-si on November 28, 198, 198, and the first 6.15§³ for the first 3-2,000 square meters for the first 2,50 square meters for the first 3-5 square meters for the first 2,000 square meters for the first 3-64,000 square meters for the first 3-34,000 square meters for the second 198 square meters for the second 3-5,000 square meters for the second 97.24.

C. Around May 2002, the Defendant sold N and O real estate under the Defendant’s name, and paid each of the KRW 15 million to Plaintiff A and B, KRW 20 million to Plaintiff C, and KRW 3 million to Plaintiff D, respectively. On May 11, 2002, the Defendant completed the registration of transfer of ownership on each of the real estate indicated in the deceased’s real estate list under the name of the deceased (hereinafter “instant real estate list”).

On December 29, 2009, the Defendant completed the registration of ownership transfer on the real estate indicated in No. 3 of the real estate list of this case due to the sale following consultation and expropriation in the Republic of Korea, and received KRW 147,082,00 as compensation for land expropriation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 16 and Eul evidence 2 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs, on April 28, 1998 before their death, are in the form of plaintiff A, C, and defendant E, etc. on their own birth, and "the above plaintiffs and the defendant collectively are below the real estate list Nos. 3 through 6 of the real estate list among their own property."

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