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(영문) 서울중앙지방법원 2015.10.15 2014가합13896
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 plaintiffs and the defendant are as follows: their father and father are I, and their mother are J.

The defendant is I and J, and the plaintiffs are the same children of the defendant.

B. The J died on November 27, 1979, and I died on May 18, 1993, respectively.

On the other hand, I resumed with K on June 27, 1984, and K is still alive until now.

C. On November 15, 2013, G, and H, the Defendant’s children, filed a petition with the Seoul Family Court for a trial to commence adult guardianship with the Defendant as the principal of the instant case under the Seoul Family Court Decision 2013 Dodan9794.

On March 31, 2015, the adjudication was rendered on March 31, 2015, to the effect that “the defendant initiates adult guardianship and appoints G and H as an adult guardian,” and the said adjudication was finalized on April 22, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2 and 3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion and the defendant are the children of the network I, who are the deceased I's heir.

However, since 1973, the defendant received all the sales price, compensation for expropriation, and the compensation for damages and the funeral money of the deceased I due to the death of the deceased as a traffic accident.

The plaintiffs, as the heir of the network I, demanded the defendant to distribute the inherited property to the defendant, and the defendant, on December 21, 2013, from among the property referred to "I: death on May 18, 1993, the defendant confirmed that some of the purchase prices of the land, land compensation (including road expansion works, flood disaster compensation works, etc.), the compensation for the attached traffic accident, and the amount of transferred money, etc. are received by representing his/her own siblings, purchased real estate in his/her name or used for his/her personal living expenses, and has not been settled or adjusted yet. At the time of settlement in the future, the plaintiffs confirmed that the principal and interest shall be repaid by applying the value of the real estate as at the time of the settlement in the future or the interest rate on loans.

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