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(영문) 수원지방법원성남지원 2017.11.14 2015가합204928

계약금반환등

Text

1. At the same time, the defendant is paid KRW 1,256,90,00 from the plaintiff B and C, and at the same time, the plaintiff B and C are attached Form 2.

Reasons

1. The part of Plaintiff A’s claim against the Defendant

A. On June 2002, the Defendant’s husband E shall have partial shares and hereinafter “each real estate of this case” as to each real estate listed in the real estate list Nos. 3, 4, 5, 7, and 14 of the real estate list No. 3, 4, 5, 7, and 202.

(2) On August 19, 2002, the Plaintiff purchased each of the instant real estate, and received the registration of ownership or share transfer on August 19, 2002, and thereafter, the Plaintiff received the registration of share transfer on the ground of co-owned property partition, etc. as to the remaining shares among the lands listed in attached Forms 3, 4, 5, and 7 of the Real Estate List No. 1 among the instant real estate. (2) On August 28, 2008, the Plaintiff filed a lawsuit seeking the registration of share transfer, etc. as to each of the instant real estate purchased by E on August 28, 2008 (Usu District Court Decision 2008Dahap9514), and was sentenced by the above court on August 13, 2009.

E A. Around January 23, 2009, while the above lawsuit was pending, died (hereinafter “the deceased”), the wife of the deceased, the Defendant, F, and G, who are the children of the deceased, took over the said lawsuit.

Defendant, F, and G appealed against the above judgment (Seoul High Court 2009Na81113), but the judgment of dismissal was rendered on July 21, 2010, and the judgment of the first instance became final and conclusive around that time.

Plaintiff

A received the registration of transfer of some portion of each of the instant real estate in accordance with the above judgment on October 31, 201, and the defendant inherited the remainder of each of the instant real estate solely. Since then, the ownership relationship of each of the instant real estate was 1 attached Form A, Defendant KNEL Logistics Co., Ltd., Ltd., which indicated in paragraph (1) of the real estate list No. 224.8/648/105.7/162/162 164.1/473.7/473/473 of the land listed in paragraph (2) of the real estate list No. 2 of the real estate list No. 164.8/1328.7/4441. The land listed in paragraph (3) of the real estate list No. 45.5/379/379/379/379/41, 206/46.626/46.