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(영문) 서울북부지방법원 2020.10.22 2020가합20757
청구이의
Text

1. The Defendants’ cases involving the return of unjust enrichment against the Plaintiff by Seoul Northern District Court 2015 money12784.

Reasons

1. Facts of recognition;

A. On July 28, 1998, the Plaintiff is a spouse who remarriedd with net D (Death on August 28, 2014) and the Defendants are married with net D and E, the former wife.

B. The Defendants and the Defendants’ omission filed a lawsuit against the Plaintiff, including the return of the Plaintiff’s unjust enrichment (2015da42497, 2015da23304, 2015dada23298) with the Seoul Northern District Court regarding the Plaintiff’s inherited property. The instant case was submitted to the conciliation, and the conciliation was concluded on January 13, 2016.

Of the above cases, the Seoul Northern District Court 2015Kadan42497 case was referred to the mediation case of 2015 Ma12784, and mediation was concluded on January 13, 2016 including the following mediation provisions:

(hereinafter referred to as “instant conciliation” and Article 4-4(a) of the double conciliation clause (hereinafter “instant conciliation clause”). Here, “Plaintiff” and “Defendant” refer to “Plaintiff” and “Defendant” in this case.

(b)

4.(a)

By January 15, 2017, the Plaintiff should pay 1/19 of the remaining amount after deducting all taxes and public charges, such as transfer tax, from the proceeds of sale, after selling the G 1,418 square meters at 1,418 square meters to Defendant B and C by January 15, 2017.

Provided, That if the defendant fails to settle the accounts by the above time, it shall pay 80,000 won each of the 15th of each month from the following month to the date on which the settlement of accounts for sale is completed.

(Calculation of days for the last day)

B. F confirms that since F received a donation from the deceased D to the real estate located in the original city before birth, F does not have the right to claim a legal reserve of inheritance against the plaintiff.

5. The Defendants’ remaining claims shall be waived, and the Defendants and the Plaintiff shall not be subject to any civil or criminal lawsuit, including the division of inherited property, forced inheritance, and unjust enrichment claims relating to the deceased’s inheritance.

The plaintiff shall contribute to the defendants in relation to the inheritance tax and the acquisition tax of inherited property already paid or payable later.

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