logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.24 2017나19625
협의분할각서이행
Text

1. The plaintiff's appeal and the claim extended in the trial and the defendant's incidental appeal are all dismissed.

2. Filing an appeal;

Reasons

1. The reasons for this part of the basic facts are as stated in the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The allegations and judgment of the parties

A. The plaintiff's assertion that the defendant sold his/her inherited property on his/her own responsibility and agreed on the proceeds of sale to the deceased E's heir equally, and the defendant did not sell his/her inherited property and owned all of the inherited property except the plaintiff's shares.

In addition, since the defendant did not sell the inherited property, since the plaintiff filed the lawsuit of this case against the defendant, the defendant must attend the lawsuit in good faith, the plaintiff is suffering from mental damage because it delays the litigation procedures, such as not attending several times on the date of pleading.

Therefore, according to the letter of each of the instant cases, the Defendant is obligated to pay the Plaintiff the Plaintiff’s share and consolation money totaling KRW 1.2 billion and delay damages for the share and value of the instant land and building, which is inherited property.

B. The defendant's assertion that he/she intends to sell the inherited property to a third party is entitled to transfer the shares from the heir first, so that the plaintiff was requested to transfer the shares, but the plaintiff refused to transfer the shares and failed to encash the inherited property up to now, so the defendant cannot respond to the plaintiff's claim

C. Determination 1 of the Plaintiff sought the Defendant’s fulfillment of its obligations under the instant written statement, and the content of each of the instant written statement is that if the inheritors, other than the Defendant, transfer their respective shares on inherited property to the Defendant, the Defendant sells the instant land shares and buildings, which are inherited property following the deceased E’s death, and divided the proceeds therefrom.

Therefore, the plaintiff can sell the shares and buildings of this case to a third party.

arrow