logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.08.22 2016가단11806
유류분 등
Text

1. Of the instant lawsuit, the claim part regarding each real estate listed in the separate sheet shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Facts of recognition;

A.D died on July 20, 2015.

The defendant is the wife of D, and the plaintiff, E, F, G, and H (hereinafter referred to as "the plaintiff, etc.") are children of D.

B. D invested KRW 300,000,000 in the Treatment Construction Co., Ltd. (hereinafter “Treatment Construction”) with respect to I

(hereinafter referred to as the “instant claim”) against D Treatment Construction.

The Daewoo Construction paid KRW 300,000,000 to the Defendant on July 24, 2015 as the repayment of the instant claim.

D On February 23, 2015, each real estate listed in the separate sheet (hereinafter “instant land and building”) is registered for transfer of ownership under each Defendant’s name on the ground of the same date donation.

E. G and H filed the instant case against the Defendant, including a Government District Court 2016Gadan7999. On November 4, 2016, the said court rendered a judgment against G and H that “the Defendant would pay KRW 2/13,153,846 of the instant claim to G and H as inherited property” (hereinafter “related judgment”), and the Defendant appealed against this judgment, but was dismissed on April 27, 2017, and became final and conclusive on May 27, 2017 due to the failure to file a final appeal.

[Reasons for Recognition] Facts, absence of dispute, Gap evidence No. 1 to 4, Gap evidence No. 1 to 1, Eul's entry, the purport of the whole pleadings

2. Determination on this safety defense

A. Since the Defendant’s defense D, the Defendant, and the Plaintiff entered into an agreement to bring an action against the Plaintiff on July 10, 2015, the instant lawsuit is unlawful because it does not have any interest in the protection of rights or violates the good faith principle.

B. According to the evidence No. 5-3 of the evidence No. 5-2, D, the Defendant, and the Plaintiff on July 10, 2015, the agreement that “The Plaintiff received KRW 30,000,000 from D, and instead waives all rights, including legal reserve, with respect to the donation of the instant land and building, and does not bring a civil or criminal lawsuit later (hereinafter referred to as the “non-committee agreement of this case”).”

(b) the Corporation.

arrow