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(영문) 서울중앙지방법원 2015.12.04 2014가합586554
정산금
Text

1. The defendant is against the plaintiff A, B, C, D, E, F, G, and H, each of KRW 92,919,683, the plaintiff I of KRW 13,274,240, and each of the above money.

Reasons

1. Basic facts

A. The deceased K (hereinafter “the deceased”) died on September 17, 201, and at that time, Plaintiff I and other Plaintiffs, the spouse of which was the heir, were the remaining Plaintiffs.

B. The Defendant: (a) held a title trust on a parcel of land outside 9,917 square meters and 36 square meters in Chungcheongnam-gun, Chungcheongnam-gun; and (b) terminated the title trust; (c) the Deceased is obligated to perform the procedure for the registration of ownership transfer on each of the above parcels of land; and (d) the Deceased was also held in title trust with the Deceased, but it was impossible for the Deceased to sell it to a third party, and thus, it was impossible for the Deceased to return it; (b) the Deceased filed a lawsuit against the Deceased (the Daejeon District Court Seosan Branch 2004Gahap833, Jan. 19, 2006) against the Defendant, and was sentenced to a judgment against the Deceased on January 19,

C. The defendant appealed (the Daejeon High Court 2006Na3965, the above lawsuit and the appellate court hereinafter referred to as the "related lawsuit") in the above judgment, and was sentenced on November 22, 2007, according to the fact that the title trust was recognized in the appellate court.

1. Revocation of a judgment of the first instance;

2. The Deceased shall:

(a)payment of 1,379,750,400 won and 20% interest per annum from June 10, 2005 to the date of full payment;

(b) Appendix 1 Schedule;

1.To 27. Each procedure for the registration of ownership transfer for the cancellation of each title trust as of August 13, 2004 with respect to each of the real estate mentioned above, as of August 13, 2004, and from May 30, 2005, for each of the real estate mentioned above, will be implemented.

3. All costs of the lawsuit shall be borne by the Deceased.

4. Paragraph 2-a.

Paragraph (d) may be provisionally executed.

The Deceased appealed in the above appellate judgment (Supreme Court Decision 2007Da91749), but on June 23, 2009, the following agreements were made with the Defendant, N, andO (hereinafter “instant agreement”). On the following day, the above appellate judgment was finalized.

The defendant, the deceased, N, andO are related to the property owned by the literature.

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