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(영문) 부산지방법원 2016.06.22 2015가단212707
약정금
Text

1. For the plaintiffs:

A. Defendant E shall jointly pay KRW 2 million with G and H, as well as the full payment with respect thereto from May 5, 2015.

Reasons

1. Basic facts

A. The relationship I (Death on November 14, 201) of the Parties married with D and placed the deceased J (Death on June 27, 200), G (spouse H), Defendant E, and F as their children.

J married with the plaintiff A, thereby having the plaintiff B and C as his child.

On July 3, 2015, when the instant lawsuit was pending, D had died and Defendant E and F taken over the instant lawsuit by the deceased.

B. 1) The network D, on August 31, 2010, filed a lawsuit against the network I on divorce, etc. (the Busan Family Court 2010ddan23117). 2) The network I, on September 17, 2010, donated the Defendant E, M 393 square meters, M 3812 square meters, N 3812 square meters, which is one of his own possession, to Defendant E, M 393 square meters, and L 1964 square meters, which is one of his own possession.

(3) On April 14, 2011, D filed a lawsuit seeking the cancellation of ownership transfer registration against Defendant E and F on the following grounds: (a) on April 14, 2011, D filed a lawsuit seeking the cancellation of fraudulent act against Defendant E and F (Seoul District Court 201Gahap7287); (b) on November 14, 2011, G and D committed suicide during the said lawsuit. (c) On December 5, 2011, G and D filed a claim for the cancellation of ownership transfer registration with Defendant E and F along with the Plaintiffs (joint Plaintiff) on December 5, 2011, it was alleged that it constitutes a false conspiracy to make a donation of ten parcels of real estate, including the instant gift, to Defendant E and F.

(J) Busan District Court No. 2011Gahap25285, hereinafter “instant lawsuit”). The Plaintiffs withdrawn the lawsuit in the middle of the instant lawsuit on June 11, 2012.

2) In the instant lawsuit, the assertion that the gift of each of the instant real estate (the deceased I’s gift of four parcels constitutes a false declaration of conspiracy was accepted, and G and D won won part of the instant lawsuit prior to the instant lawsuit, and the judgment became final and conclusive.

On November 27, 2013, G, D, Defendants, and the plaintiffs' succession to the deceased I, who are the successors of the deceased I, had a divided consultation on the deceased I's inherited property including each of the instant real property. At the time of the consultation, the plaintiffs are the deceased I's succession to the deceased I's succession.

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