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(영문) 대전지방법원천안지원 2016.10.27 2015가단20229
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,643,010 and the interest rate of KRW 15% per annum from December 31, 2015 to the date of full payment.

Reasons

1. Basic facts

A. C, the father of the Plaintiff and the Defendant, died on November 26, 2009, and his wife D and the Plaintiff and the Defendant jointly inherited.

The share of inheritance is 3/7, the wife, and the plaintiff and the defendant are 2/7, respectively.

B. C, only inherited property, left Asan City E Apartment 606 (hereinafter “instant apartment”). The Defendant, on February 25, 2013, completed the registration of ownership transfer of the instant apartment in its sole name on the ground of the inheritance by agreement division, sold the instant apartment at KRW 89,00,000 to F on June 10, 2014, and completed the registration of ownership transfer on June 27, 2014.

C. Meanwhile, D was deceased on April 11, 2013, and D succeeded to D’s shares in the instant apartment at the ratio of 1/2 shares, respectively, by the Plaintiff and the Defendant.

[Reasons for Recognition] Facts without any dispute, Gap's 1, 3, Eul's 4, the purport of the whole pleadings and arguments

2. Determination:

A. The plaintiff asserts that the defendant is obligated to pay 1/20 of the remaining amount after deducting the expenses incurred in inheritance and sale from the selling price of the apartment of this case at the time when the defendant acquired the ownership independently with respect to the apartment of this case, which is the inherited property, the defendant is obligated to pay the remaining amount of 7,286,020 won after deducting various expenses of 11,713,980 won from the selling price of this case at 89,000,000.

On the other hand, the defendant asserts that the plaintiff cannot respond to the claim of this case since he agreed not to receive a separate allocation while holding an agreement on the division of inherited property regarding the apartment of this case.

B. The following circumstances, i.e., C did not register the inheritance of the instant apartment after the death of November 26, 2009, based on the evidence as seen above 1, the evidence as well as evidence Nos. 2 and 9-1, and the purport of the entire pleadings in the witness G’s testimony, and the following circumstances, namely, C did not register the inheritance of the instant apartment after the death of February 25, 2013.

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