logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.28 2016가합531541
채무부존재확인
Text

1. It is confirmed that the Plaintiff’s provisional payment obligation of KRW 1,564,00,000 against the Defendant does not exist.

2...

Reasons

1. Basic facts

A. On January 16, 2002, the Defendant: (a) was dissolved upon the death of a general partner D on January 16, 2002; and (b) on January 2, 2013, E was appointed as the Defendant’s liquidator by the Seoul Central District Court Decision No. 2013, Dec. 38, 2013.

The plaintiff is the deceased D's children.

B. The Defendant joining the Defendant, who is the deceased D’s wife, filed a claim against F, Plaintiff, G, H, I, and J for a decision on the division of inherited property and the entitlement to a contributory portion, with the Seoul Family Court 2003 Mahap36, 37 (Joint).

In the case of Seoul High Court 2005B4, 5 (Joint), the appellate court of the above case dismissed the claim for determination of the contributory portion by the Defendant’s Intervenor on December 7, 2005, and the said court rendered a decision that the Plaintiff would distribute to the Defendant’s Intervenor 1,529,316,759 won, and to G 650,526,442 won, and to H 656,752,636 won, and to H 656,752,635,090 won, respectively, and to the Defendant’s Intervenor, G, H, I, and J, the remainder after selling inherited property by auction, which remains after deducting the costs of the auction procedure from the proceeds thereof.

The Defendant’s Intervenor, F, and Plaintiff re-appealed to Supreme Court Nos. 2006, 12, and 13 on the above decision, but the reappeal was dismissed on March 21, 2007.

C. On January 16, 2008, the Plaintiff and the Defendant’s Intervenor, H, I, J, and G (hereinafter “Defendant’s Intervenor, etc.”) concluded an agreement on the division of inherited property on January 16, 2008, and drafted a written agreement (Evidence A No. 3).

The above agreement bears the obligation to pay the amount stipulated in the above agreement to the defendant joining the defendant, H, I, and J. The amount is settled including KRW 1,485,425,140, which the plaintiff acquired in relation to the defendant joining the defendant as a result of the defendant's tax payment on behalf of the defendant (Article 1), and the plaintiff corresponds to the defendant joining the defendant with respect to the defendant before January 25, 2008 in accordance with the purport of the above decision on the division of inherited property.

arrow