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(영문) 서울중앙지방법원 2015.08.19 2014가합60182
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the case is the case that the plaintiff seeks payment of KRW 500 million (one year after the date of notification of inheritance tax confirmation) and KRW 1 billion as a result of the execution of an agreement on the division of inherited property (the first written agreement) against the defendant who is a co-inheritors (the co-inheritors) for the payment of KRW 73,887,807 as a result of the non-performance of the obligation to compensate for damages under the land ownership transfer agreement (paragraph 3) (i.e., the defendant's sale amount of KRW 794,176,690 x KRW 400,000 ± total land area of the agreed area of KRW 432,860).

In fact, the network C related to the party was caused by the original defendant's punishment (the defendant's punishment) between the wife D and the traffic accident on March 5, 2008.

On April 4, 2008, the first written agreement was drawn up between the plaintiff, the heir of the deceased, the defendant, and D, with the following content.

1. The defendant shall pay to D in cash KRW 200,000 as a lump sum by the date of the notice of confirmation of inheritance tax, and shall pay KRW 10,000,000 on the last day of each month from the date of

2. The defendant shall pay to the plaintiff KRW 500 million by the date of notification of the confirmation of inheritance tax, KRW 500 million on the day after one year from the date of notification of the confirmation of inheritance tax, and KRW 1 billion on the day after ten years have passed.

3. After one year from the date of notification of confirmation of inheritance tax, the registration of ownership transfer shall be completed with respect to 400,000 square meters in the name of the Plaintiff among forest land E (1,016,800 square meters) and F (414,149 square meters).

4. The plaintiff and D shall waive the inheritance other than that provided for in the above provision, and the inherited property identified after the vehicle reverts to the defendant.

5. The defendant shall bear taxes related to inheritance and expenses for registration of inheritance.

2. The existence of the second agreement

1. The shares (H 8,104 shares and I 184 shares) deposited in Korean currency securities (Account Number): and cash shall be owned by the defendant;

1. Golf membership from among inherited property shall belong to the defendant;

1. A new bank, among inherited property;

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