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(영문) 서울중앙지방법원 2017.12.12 2016가단5282311

매매대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties 1) The plaintiff A married with F on December 23, 1997 and produced the plaintiff B (1998), C (2003) and G (200) under his chain. The F died on December 1, 2002. The defendant D is the mother of the net F, and the defendant E is the co-born of the net F.

3) On August 16, 201, upon the Plaintiff’s request for adjudication, the Plaintiff lost parental authority over Plaintiff B, C, and G on August 16, 201, but recovered parental authority over Plaintiff B and C on November 16, 2005.

(1) On December 1, 2002, on the ground of inheritance on December 1, 2002, the registration of ownership transfer was made on March 6, 2003 to Plaintiff B, C, and G with respect to each of 2/9 shares in the Daejeon District Court’s Budget Office on March 6, 2003 under Article 5084. The registration of ownership transfer was made on March 6, 2003 to Defendant D with respect to each of 2/9 shares. The registration of ownership transfer was made on March 19, 2003 under Article 5085 of the same registry office on March 6, 2003. The registration of ownership transfer was made on March 20, 203 under Article 6471 of the receipt of the same registry office on March 20, 203. [Grounds for recognition], or the purport of the entire pleadings and arguments as a whole.

2. The primary claim against Defendant D;

A. 1) The Plaintiffs did not receive KRW 150 million out of the purchase price from Defendant D. Accordingly, Defendant D is obligated to pay KRW 50,000,000, KRW 330,000, KRW 330,00 (not exceeding KRW 2/9,000) to the Plaintiffs (the inheritance shares of KRW 3/9) in proportion to the Plaintiffs’ inheritance shares, and damages for delay from March 7, 2003. (2) Defendant D had F’s mother as its mother a claim for the borrowed amount of KRW 150,00,000, KRW 1500,000,000, KRW 1500,000 on each of the instant real estate on April 18, 2002.