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(영문) 수원지방법원평택지원 2016.07.06 2015가합9488

손해배상(기)

Text

1. The Defendants: (a) KRW 155,428,57, respectively, and KRW 5% per annum from April 1, 2013 to August 18, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On March 19, 2010, the Plaintiff purchased 3,007 square meters of Pyeongtaek-si E-si and 3,007 square meters of and F orchard 216 square meters (hereinafter “instant land”) from the network D (hereinafter “the network”) at KRW 1.3 billion on the date of the contract, and paid the down payment to KRW 100 million on the date of the contract, intermediate payment on May 19, 201, and one billion won on March 15, 201, respectively.

(hereinafter “instant sales contract”). The Plaintiff paid 100 million won to the Deceased on the day of the contract.

B. On April 30, 2010, the Deceased died, and his heir was the Defendants, G, H, I, and J as his child.

The defendants and the remaining inheritors are different from their mother.

On January 25, 2011, the deceased’s inheritors agreed on the division of inherited property, including the content that the Defendants would inherit the instant land.

The Defendants completed the registration of ownership transfer on January 28, 201, with respect to each of the instant land on January 28, 201 following the agreement on the division of inherited property.

C. 1) The Plaintiff deposited an intermediate payment of KRW 200 million pursuant to the instant sales contract, and filed a lawsuit against the Defendants seeking the implementation of the procedures for the registration of ownership transfer regarding the instant land shares inherited (this Court Decision 201Gahap6065, hereinafter “related lawsuit”).

(2) From the appellate court of the instant case (Seoul High Court 2012Na14656) to September 19, 2012, the Plaintiff and the Defendants concluded a voluntary conciliation with the purport that “the Plaintiff shall pay the Defendants KRW 100 million up to October 12, 2012, and KRW 1 billion up to April 1, 2013, and the Defendants shall implement the procedure for the registration of ownership transfer on the instant land upon the completion of conciliation on September 19, 2012.”

3. On April 1, 2013, the Plaintiff paid all the amount under the above conciliation clause to the Defendants, and completed the registration of ownership transfer on the instant land.

On July 31, 2014, the Plaintiff is the mother of the Defendants and K Defendants.

Corporation for the development of the land of this case.