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(영문) 서울고등법원 2020.08.21 2020나2002944

매매계약무효확인

Text

1. Revocation of the first instance judgment.

2. Each of the separate lists between the deceased A, B, C, D, E, F and the Defendant.

Reasons

1. Basic facts

A. 1) The deceased is a person who owned the real estate stated in the “real estate subject to sale” column in the attached Table No. 1 of the attached Table No. 1, and died on February 25, 2020 while the lawsuit of this case is pending, and jointly inherited the Plaintiff K, his child, Plaintiff L, M, and N, his spouse, Plaintiff B, C, D, E, and F are the owners of each real estate indicated in the “real estate subject to sale” column in the attached Table No. 2 through 6.

(3) The Defendant, including each of the instant real estate, newly constructed an apartment unit with 251 households in the Gangwon-gun, Gangwon-gun, Yangyang-gun (hereinafter referred to as “instant development project”). The Defendant’s construction of an apartment unit with 251 households (hereinafter referred to as “instant development project”). The Defendant’s construction of an apartment unit with 251 households in the Gangwon-gun, Yangyang-gun.

B) The company that promotes the instant development project is the company that promoted the instant purchase and sale contract. (B) During the period from July 24, 2017 to August 24, 2017, the Defendant and the Plaintiff concluded each purchase and sale contract on each of the instant real estate included in the project site of the instant development project (hereinafter “each of the instant sales contract”) listed in the separate sheet (hereinafter “each of the instant sales contract”), and, when each seller referred to as the sales contract, each of the instant sales contracts by sequence (hereinafter “instant sales contract”).

2) The main contents of each of the instant sales contracts are identical regardless of who is a seller, except for the real estate subject to sale and the sales proceeds, and their main contents are as follows. However, with respect to the timing for payment of balance equivalent to 90% of the sales proceeds, each of the sales contracts of the deceased A, B, C, D, and E stated “(within one month after business approval) on January 30, 2018,” while Plaintiff F’s sales contract on January 30, 2018 (only within one month after business approval, and within one month after business approval), Plaintiff F’s seal is affixed thereon (hereinafter referred to as “business approval”).