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(영문) 부산고등법원 2020.07.23 2019나55159

정산금청구의 소

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the children of C who died on January 2013, and are the South Korean sales agent.

C The heir has 3 South and North 2 children, including spouse L, the plaintiff, and the defendant.

B. On November 30, 2001, the registration of ownership transfer was completed in the name of the defendant on November 30, 2001 with respect to the area of D orchard 4,940 square meters, E road 90 square meters, and F forest land 320 square meters.

C. The plaintiff filed a lawsuit against the defendant et al. for the registration of cancellation of ownership by asserting that he/she had ownership of each of the above real estate (the Busan District Court Branch Branch 2012Ga group 20200). On August 6, 2012, when the above lawsuit is pending, a statement of the following contents as to the disposal of each of the above real estate with the defendant and the above real estate:

1. The Plaintiff is entitled to dispose of each real estate of this case.

The disposal authority is the authority to select a purchaser and determine the purchase price.

B. The Defendant is obligated to prepare a sales contract with the purchaser designated by the Plaintiff as the owner on the registry of each real estate of this case.

However, the purchase price is: 2-A.

(b) the Commission;

(c) If the sum of ports (the addition of interest under this Agreement) is less than that of this Agreement, it may be refused.

2. The defendant shall allocate the paid purchase price as follows:

Tax incurred in relation to the disposal of real estate, such as transfer tax, shall be appropriated in preference.

(b) has a share of 20 million won per the defendant himself;

The above money shall take precedence over the money paid to C and the Plaintiff as follows:

The above amount of KRW 220 million includes the amount of KRW 15 million payable to the Defendant’s husband G and KRW 75 million payable to ASEAN by the Defendant’s husband.

The defendant shall cancel the right to collateral security, superficies and right to collateral security in the name of an I association established on real estate at the same time as the purchase price is paid.

C. A sum of KRW 120 million shall be paid to the plaintiff and the defendant's attached C.

(A) above:

(b) the Commission;

C. The remaining amount after deducting a claim shall be paid to the Plaintiff.

4. The plaintiff mentioned in the above paragraph 1 of this case.