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(영문) 서울고등법원 2017.09.22 2015나29970
약정금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The plaintiffs and the defendant are brothers and sisters who were born between the father I and her mother, and the defendant is the father and the plaintiffs are the children of the defendant.

B. The J died on November 27, 1979, and I (hereinafter “the deceased”) returned to K on June 27, 1984, and died on May 18, 1993.

C. On November 15, 2013, G, and H, the Defendant’s children, filed a petition with the Seoul Family Court for a trial to commence adult guardianship against the Defendant as the Seoul Family Court Decision 2103 Dodan9794.

On March 31, 2015, the Seoul Family Court rendered a judgment to the effect that “the defendant shall commence adult guardianship, and appoint G and H as the defendant’s adult guardian,” and that judgment was finalized on April 22, 2015.

On December 21, 2013, the defendant was under trial for the commencement of adult guardianship, and signed and sealed by the main text of the confirmation written with the following contents:

The defendant confirmed that, among the property referred to by the defendant (I: death on May 18, 1993), some land purchase price, land compensation (including road expansion work, flood disaster compensation work, etc.), traffic accident compensation, division money, etc. from the year 1973 representing his/her punishment system, purchased real estate under the defendant's name or used it for his/her personal living expenses, and did not yet settle or adjust it. At the time of settlement in the future, there is no dispute over the plaintiffs (based on recognition) to pay principal and interest by applying the value of real estate as at the time of settlement in the future or the interest rate of loans, Gap evidence (including additional evidence; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, 12 (including additional evidence; hereinafter the same shall apply), and Eul evidence Nos. 1 through 3, and the result and overall purport of the party's personal examination of the designated parties C and the purport of the first instance court as a whole.

2. The parties' assertion

A. 1 The Defendant, as the head of the deceased, received the purchase price and the compensation for the expropriation of land on the deceased’s property since 1973 as the remainder of the deceased. The deceased’s death on May 18, 1993 and his funeral were paid as a result of traffic accidents.

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