매매대금반환
1. Of the judgment of the court of first instance, the part against the defendant (appointed party) and appointed parties shall be revoked, and such revoked part shall be applicable.
1. Determination as to the cause of claim
A. The Plaintiffs are the successors of the deceased G (Death on January 2016). The Defendants are the successors of the deceased H (Death on November 17, 2015). The Plaintiff did not dispute between the parties, or acknowledged by the purport of the entry of the evidence No. 1 and the entire pleadings.
B. The plaintiffs asserts as follows.
The Plaintiffs’ deceased G and the Defendant’s deceased’s decedent H entered into a contract aimed at raising real estate sales contracts and land as follows. Since the Defendants, who were the deceased H and their successors, did not perform the said contract, the Plaintiffs are released.
Therefore, the Defendants are obliged to pay the amount of KRW 55,00,000 paid by net G according to their respective inheritance shares among the amounts calculated according to their respective inheritance shares.
1) On July 2009, the network H promised to purchase the land, including the answer I, for the Dog G on behalf of the Dog G. The network G paid KRW 35,000,000 as the purchase price to the Doh with its consent. 2) The Dog H purchased the land for the Dog around September 2009, and the Dog H paid KRW 20,000,000 as the purchase price to the Dog with its consent, stating that it would be transferred to the Dog after raising the above land.
C. However, it is insufficient to acknowledge the fact that the respective sales contract as alleged by the Plaintiff between the deceased G and the deceased H is concluded only with the descriptions of the evidence Nos. 4 and 5-1 and 2 as well as the testimony of the witness of the first instance court J.
The evidence No. 4 is limited to the receipt without passbook, and the evidence No. 5-1 and No. 2 are written by the plaintiffs themselves, and it is difficult to believe it easily, and the testimony of the witness of the first instance court as shown in the plaintiffs' argument is based on information from the plaintiffs.
The plaintiffs' claims cannot be accepted.
2. In conclusion, the plaintiffs' claims against the defendants should be dismissed in entirety due to the lack of reasonable grounds.