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(영문) 서울중앙지방법원 2014.05.01 2013가합17181

분배금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. From July 14, 1988, the Defendant and D’s co-ownership of the buildings and their shapes owned, from around July 14, 1988, the buildings owned 529.5 square meters in Nam-gu, Incheon and 1/2 each, respectively.

around 199, Defendant and D removed the above building and newly built the building (hereinafter referred to as the “instant building”).

B. On February 12, 2008, the Defendant and D entered into a sales contract with F to sell the instant building at KRW 6.25 million. Upon entering into the sales contract, the Defendant and D agreed to deduct the above loans and the deposit money for lease of the instant building from F, instead of succeeding F, KRW 1,859,99,765, and KRW 450,000,000 from the remainder of the sales price. (2) Defendant and D received from F the sales price of KRW 3,940,000,000 from March 31, 2008, and completed the registration of ownership transfer with respect to the instant building from F on the same day.

C. The Defendant and D paid fees of KRW 25 million to a licensed real estate agent who arranged the above sales contract.

In addition, the Defendant and D paid retirement allowance of KRW 110 million to G managers who managed the instant building from 1999.

D's death and inheritance relation D's death on April 10, 2010, and H, the wife of the plaintiff A and his wife, the plaintiff B, and his wife, succeeded to D's property.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings

2. The parties' assertion and judgment

A. The party’s assertion 1) The amount of the Plaintiff’s claim No. 1 D’s loan amount of KRW 982,270,948 225,00,000 of the lease deposit amount of KRW 55,000 of retirement pay of KRW 12,50,000 of the transfer income tax of KRW 391,249,870 of the five transfer income tax of KRW 391,66,020,818 (A) is the sales amount of KRW 3.125 million for the 1/2 shares of the instant building owned by D.

From the above money, KRW 1,66,020,818, including all the following expenses, etc.: