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(영문) 제주지방법원 2016.10.07 2015가단55457

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant (Appointed Party; hereinafter “Defendant”) is the legal spouse of D who died on July 25, 2008 (hereinafter “the deceased”) and the remaining designated parties, E, and F are children of the deceased and the Defendant who were born between the deceased and the Defendant.

The plaintiffs are children other than marriage of the deceased who were born between the deceased and G.

B. On April 15, 2011, the Plaintiffs filed a petition for an adjudication seeking the division of inherited property in the instant case No. 2011-hap 5 with the Defendants, Appointors, E, and F as the other parties.

After filing the above judgment, the designated parties except the defendant, E, and F transferred all their rights and obligations to the defendant by inheritance.

On February 19, 2013, the court of first instance rendered a judgment on the division of inherited property with the following contents.

In other words, on June 23, 2008, the deceased sold 8 lots of real estate, including 1.29 billion won in Jeju-si I-si 2205 square meters, to H on June 23, 2008, and thereafter, J succeeded to the purchaser status from H. The deceased succeeded to the purchaser status from H. 0.13182 shares of each of the remaining shares of the purchase price claim amounting to KRW 290 million in relation to each of the above real estate held by J., the plaintiffs, the remaining shares, owned by the defendant, and ① 1/2 shares of 1/2 of the K-si 465 square meters in Jeju-si 465.1 square meters in Jeju-si 2 (hereinafter “each of the instant real estate”), and individual real estate owned by the defendant.

C. The Plaintiffs appealed from the Gwangju High Court ( Jeju) No. 2013B3 regarding the said judgment of the first instance court.

On March 19, 2014, the Jeju High Court rendered a decision to change the judgment of the first instance (hereinafter referred to as "decision of the first instance trial") with the following content.

In other words, with respect to the real estate owned by the plaintiffs and sold by the deceased to J on December 2009, the defendant terminated part of the sales contract equivalent to KRW 290,000 of the purchase and sale balance amount to KRW 290,000 from J around December 2009, and its restoration to its original state.