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(영문) 대전지방법원 논산지원 2017.01.12 2016가단21370

매매대금반환

Text

1. The Defendants are written to the Plaintiffs in the separate sheet No. 1 and the separate sheet No. 2.

Reasons

1. The Plaintiffs are the successors of the deceased G (Death January 2016) and the Defendants are the successors of the deceased H (Death November 17, 2015) and their respective inheritance shares are as listed in the separate sheet.

Plaintiff

A is the net H and South Twiter.

[Reasons for Recognition] Facts without dispute and entry of Gap evidence No. 1

2. Determination as to the cause of action

A. The gist of the Plaintiffs’ assertion was as follows: (a) a real estate sales contract and a contract was concluded between the Plaintiffs’ decedent G and the Defendant’s decedent’s deceased deceased H; (b) the Defendants, who were the deceased H and their successors, did not perform the said contract; and (c) accordingly, the Plaintiffs should cancel the said contract.

Therefore, the Defendants are obliged to pay the amount of KRW 55,00,000 paid by net G according to their respective inheritance shares among the amounts calculated according to their respective inheritance shares.

1) On July 2009, the network H promised to purchase the land, including the answer I, for the Dog G on behalf of the Dog G. The network G paid KRW 35,000,000 to the Dog H with its consent. (ii) The Dog H purchased the land for the Dog on or around September 2009, and said that it would be transferred to the Dog after raising the above land, the Dog paid KRW 20,000,000 as the price for raising.

B. 1) In full view of the statements in Gap evidence Nos. 2 and 4, and the purport of the testimony and the entire pleadings by the witness J, the fact that a real estate sales contract was concluded between the deceased G and the deceased H on July 2009, and accordingly, the deceased G was paid KRW 35,00,000 as the purchase price. Furthermore, as to whether a contract related to the filling-up of land claimed by the plaintiff was concluded and the money was paid, it is insufficient to accept the above assertion, and there is no other evidence to acknowledge it.

3. Therefore, the Defendants’ above KRW 35,000,000.