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(영문) 대구지방법원 2016.06.29 2015나310009

채무부존재확인

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1. Of the part concerning the counterclaim in the judgment of the court of first instance, the following amounts constitute the money ordering additional payment.

Reasons

1. In the judgment of the court of first instance, the plaintiffs filed an appeal against the defendant only in relation to the claims. In the judgment of the court of first instance, it is evident that the plaintiffs filed an appeal against the plaintiff only. < Amended by Act No. 1177, Dec. 1, 2007>

Therefore, it is necessary to judge whether a claim is subject to the judgment of this Court only because it is a claim.

(Counterclaims are all objects to be tried by this Court). 2. Basic facts

A. The Plaintiffs and the Defendant’s relationship Plaintiff are lineal descendants of F (the deceased’s death on March 7, 2012, hereinafter “the deceased”). The Defendant is a person who, as a external village of the deceased, resides in Japan and managed the real estate owned by the deceased, including each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”).

B. 1) On May 30, 1983, the Defendant: (a) between the Deceased and the Deceased on May 30, 1983; and (b) G field No. 375 square meters owned by the Deceased (hereinafter “G land”).

A) In entering into a pre-sale agreement, “The purchase price shall be KRW 7,00,000 and shall be paid to the seller at the same time as the purchase and sale is declared to have been declared to have been declared to have been declared to have been declared to have been declared to have been completed.” On the same day, the Defendant paid KRW 7,00,000 to the Deceased on the same day. Moreover, the Defendant shall register the provisional registration of ownership transfer claim based on the pre-sale agreement (hereinafter “the provisional registration of this case”).

2) G land was substituted by the land of paragraph (3) on March 4, 1987, with the land of paragraph (2) of this Article, as well as the land of H 609 square meters (hereinafter “H land”). < Amended by Act No. 3990, Mar. 4, 1987>

3 With respect to the real property on June 1, 1983. 1 and 2 under the name of the defendant, the Daegu District Court received an unregistered office of the Daegu District Court No. 8507, Jun. 15, 1983, on the ground of trade reservation.