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(영문) 서울동부지방법원 2018.03.30 2017가합100480
약정금
Text

1. The part of the plaintiffs' subrogation claim based on the subrogation right among the plaintiffs' lawsuits in this case is dismissed.

2. The plaintiffs remaining.

Reasons

1. Basic facts

A. The Party D died on December 3, 2001, and his spouse E and his children inherited the network D by Plaintiff A, Plaintiff B, Nonparty F, and the Defendant.

B. On April 10, 2002, the plaintiffs and the above co-inheritors, including the defendant, divided the inherited property through consultation with the following contents.

Agreement on Division of Inherited Property

1. The real estate above H,537 square meters (7 6 m2,000 square meters) in Yangju-gun-gun-gun-gun-gun-gun-gun-gun-gun-dong-dong-dong-dong-dong-gun-gun-dong-gun-dong-gun-dong-gun-dong-gun shall be jointly owned by E 1/2 and

2. The co-owner’s share D 1/2 of the shares to inherit 4,192 square meters of I orchard in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Jeju, with the share D 495/2100 square meters of the share D 586 square meters of the share D 211 square meters of the share, shall be owned by the Defendant.

3. In Seopo-do, Seopo-do, Seopo-do, Jeju-do, which is 8,030 square meters or more in Jeju-do, and 3306/8010 square meters or more of the share D to inherit 8,010 square meters or more in Seopo-si, Seopo-do, Seopo-do, Seopo-do, Seopo-do, Jeju-do, the real estate is jointly owned by 1/2 and 1/2.

4. The real estate on the land of 11,203 square meters of O forest in Seopo-si in Seopo-do shall be jointly owned by Plaintiff A1/3, Plaintiff B1/3, and F1/3.

5. The entire portion of D shares owned by the co-owners who are to inherit 9,760 square meters of P forest in Gyeonggi-si, Gyeonggi-do, in total, 3306/30374 square meters of shares in Qu 9,3374 square meters of shares in Q 3306/3074 in Q Mapo-si, Gyeonggi-si, Gyeonggi-si, and Gyeonggi-do, is owned by E.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) Real estate (hereinafter “instant real estate”) as indicated in paragraphs (1) and (3) of the written agreement on division of inherited property

A. On the other hand, the co-inheritors share share 1/2 and the shares of Defendant 1/2, and if the above real estate is disposed of, then the amount equivalent to 1/2 of the shares of E shall be distributed to the plaintiffs and F.

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