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(영문) 부산지방법원 2016.05.13 2015가단226041
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1 to 5 and Eul evidence 1 to 3 (including branch numbers), respectively.

The plaintiff, the defendant, the non-party C, and D (hereinafter referred to as "heirs") are children of E.

B. On September 13, 2007, E drafted a testamentary deed containing the content of a testamentary gift (hereinafter “notarial deed of this case”) to the Plaintiff and the Defendant, respectively, on the 1/2 share of the building site and the 4th floor above ground in Busan Shipping Daegu (hereinafter “instant real estate”).

C. In addition, around May 2009, E drafted a written will (hereinafter “instant will”) to the effect that “The heir jointly inherited the instant real estate and then distributes rent income at the rate of two-six percent shares of the Plaintiff and Defendant 6, and one-six percent shares of the C and D, but in the event that the instant real estate is sold under the agreement of the heir due to inevitable circumstances in the future, the heir first pays KRW 50,000,000 to the Plaintiff, and that the heir would distribute the remainder of the sales price after deducting various expenses, such as the lease deposit, from the above 50,000,000 won, and the remainder of the sales price after deducting all the expenses, such as the lease deposit, would be distributed to the heir in the proportion of the said shares,” and the Plaintiff, Defendant, and D signed

E As the Plaintiff and the Defendant died on November 16, 2009, on April 23, 2010, the registration of ownership transfer based on a testamentary gift as to one half of the instant real estate out of the instant real estate was completed. The registration of ownership transfer was completed for C and D on June 16, 2014 through the litigation process, such as the registration of ownership transfer, etc. filed by Busan District Court Decision 201Ga85624, and completed the registration of ownership transfer as to two-half of their respective shares out of D’s respective shares. Furthermore, the Defendant purchased two-half shares of D and completed the registration of ownership transfer on January 15, 2015, thereby completing the registration of ownership transfer. The Plaintiff shares in the instant real estate and the Defendant.

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