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Reasons
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(영문) 서울중앙지방법원 2011.04.29 2010가합105308
분배금
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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of lawsuit shall be the principal lawsuit and the ancillary counterclaim.

Reasons

1. Basic facts

A. The plaintiffs related to the parties and the defendants, non-party D, and E are the family members of the G clan (hereinafter referred to as "non-party clan") as the children of the net F.

B. On December 17, 2009, the non-party clan decided to distribute the proceeds from the sale of the property of the non-party clan to the members of the clan (hereinafter "the resolution of this case"). The specific contents are as follows.

1. All the distributed money of this clans may be paid to the representatives of each House.

2.Provided, That if the representative of each House requests him/her to distribute it to all members of the House nominated by him/her, it may be distributed to him/her.

3. The members of each member's house who have an objection to the distribution of a house shall pay a written consent, written agreement, and a certificate of seal imprint to the clan only after submitting it to the clan;

4. For the pro rata property portion of this clan, each letter shall be submitted in return for the promise to receive and distribute it by the representative of each House.

C. The Defendant, as the representative of the network F House, received shares of KRW 400,000,000 in total from the non-party clan around December 14, 2009 and KRW 200,000,000 from the non-party clan around December 21, 2009. After filing a claim suit against the non-party clan (U.S. District Court 2010,1381), the Defendant received additional shares of KRW 255,00,000 in total by receiving the payment of KRW 65,00,000 in total through a decision of recommending reconciliation (=200,000,000 on December 14, 2009), and received the shares of KRW 20,000 in total from the non-party clan from the non-party clan around December 21, 209.

(2) Meanwhile, the Defendant paid 30,000,000 won each to the Plaintiffs out of 655,000,000 shares distributed within the networkF house.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, fact inquiry results of the G type of argument in this court, purport of whole pleadings

2. Determination on the main claim

A. According to the majority opinion of the plaintiffs, the clan of this case is decided.

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