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(영문) 서울중앙지방법원 2018.08.17 2016가합516238

손해배상 등

Text

1. The plaintiffs' respective primary claims against the defendants are dismissed in entirety.

2. Defendant E shall be 145,100.

Reasons

Basic Facts

The relationship I married with the plaintiff C and placed J, defendant E, plaintiff B, A, and D as their children.

Defendant E married with Defendant F and placed Defendant G and H as their children.

I died on March 27, 2015 (hereinafter referred to as “the deceased”), and his heir is the Plaintiff C, Defendant E, Plaintiff E, Plaintiff B, A, and D, a spouse.

On July 16, 2004, the transfer registration of ownership in the name of the deceased was completed on July 2, 2004 on the acquisition and disposal of K real estate and the building on the land and the ground (hereinafter referred to as the "K real estate").

On June 25, 2013, a sales contract was prepared to sell K real estate in KRW 1.65 billion to L and M by the deceased and the seller’s agent as Defendant E, and L and M completed the registration of ownership transfer on August 5, 2013 with respect to K real estate as of June 25, 2013.

Around December 2003, N-land donation Korea National Housing Corporation accepted O and P land owned by the deceased, etc., and granted the deceased the right to purchase the land for detached housing site in Quanam-si, Sungnam-si, by paying KRW 1,443,304,460 in return for the compensation for expropriation, and by converting the land for detached housing into 266 square meters (N-land was changed to 265.7 square meters in Sungnam-si, Sungnam-si, Seoul, on April 7, 2010; hereinafter “N-land”).

On March 12, 2007, the Deceased concluded a sales contract with the Korea National Housing Corporation to sell N land in the purchase price of KRW 467,300,00 (the purchase price of N land was reduced by KRW 819,600 as the area of N land was changed thereafter).

With the payment of some amount under the above sales contract, the deceased agreed to donate the rights of the deceased on the N land to Defendant E, and on February 29, 2008, Defendant E and the donee promised to donate N land free of charge to Defendant E, and on the same day, accepted the donee’s acceptance. The Korea National Housing Corporation and Defendant E, and the sales price paid up to that time. < Amended by Presidential Decree No. 15086, Jun. 1, 2006>