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(영문) 수원지방법원 안산지원 2017.01.10 2015가단117752
배당이의
Text

1. The request is dismissed.

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

Reasons

1. Facts of recognition;

A. The number of brothers and sisters of the plaintiff(2 South) and the defendant(2) is added to D and E(2).

B. Its motherF died on November 10, 2010 and left the instant apartment (Seoul G Apartment 407 Dong 306, G apartment) with inherited property.

Defendant and E, who are married children, have lived together with their mother in the apartment of this case, and have no other revenue or property in addition to their own life and work, considered the circumstances of D, and the following purport that the Plaintiff was divided into the apartment of this case, the share of their inheritance was made to D with a written agreement to waive all of their abandonment.

On the other hand, around May 2, 2011, the Plaintiff made an agreement with D by means of a written agreement agreement with D to be a sole ownership, and later, agreed with D to receive KRW 200 million when disposing of the instant apartment.

C. On September 11, 2012, the Plaintiff did not take any measure even after a considerable period for the Defendant’s sole inheritance registration and disposal of the instant apartment, and the registration of provisional seizure on June 12, 2013, filed a lawsuit seeking the payment of the agreed amount on July 25, 2013, and received a favorable judgment.

Meanwhile, the Defendant registered the instant apartment in D’s sole inheritance; however, if the instant apartment is sold, the Defendant would be entitled to KRW 160,000,000,000, and pursuant to the agreement with D as of August 16, 2012, the claim amount of KRW 160,000,000 was decided on August 12, 2013 for the instant apartment.

E. In a compulsory auction case filed by a lessee who paid deposit KRW 140,00,000 to D, the apartment of this case was sold to KRW 415,770,00,00, and KRW 270,966,772 in the amount remaining after the distribution of senior taxation claims, insurance premiums, and deposit money for lessee was distributed to D, KRW 269,532,000 based on the Plaintiff’s winning judgment and the decision on the confirmation of litigation costs, and KRW 160,00,000 for the Defendant’s provisional seizure claim amounting to KRW 169,96,492, and KRW 10,913,579, respectively.

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