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(영문) 인천지방법원 2017.11.29 2016가단256745

손해배상(기)

Text

1. The Defendants traded on July 20, 2013 with respect to each 1/9 share of 3459 square meters, among the 3459 square meters, Incheon Cheongjin-gun, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 20, 2013, the Plaintiff concluded a sales contract to purchase KRW 3459 square meters (hereinafter “instant land”) from the deceased L (Death, March 30, 2015) (hereinafter “the deceased”) at KRW 50 million (hereinafter “instant sales contract”).

B. The Plaintiff, a representative of the Deceased, paid the above purchase price of KRW 50 million in full to Defendant B, and cultivated crops, etc. upon delivery of the instant land.

C. The Deceased died on March 30, 2015, and the Defendants are the inheritors (children) of the Deceased, the seller of the instant land.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 4, and 5; fact-finding results of the office of the Incheon Vindication-gun Office; the purport of the whole pleadings

2. According to the above facts of determination, the deceased is obligated to perform the procedure for the registration of ownership transfer of the instant land to the Plaintiff, the purchaser pursuant to the instant sales contract, and the Defendants, the inheritor, upon the death of the deceased, comprehensively succeeded to the above registration of ownership transfer by inheritance shares.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on July 20, 2013 with respect to each inherited share of 1/9 of the instant land to the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is reasonable to accept all of them, and the costs of the lawsuit are borne by each party (see, e.g., Supreme Court Decision 201Da1009, Apr. 1, 20