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(영문) 수원지방법원 2020.01.23 2019가단504428

약정금

Text

1. The Defendant: (a) KRW 39,743,99 for each of the Plaintiffs, as well as KRW 5% per annum from August 6, 2015 to February 15, 2019 for each of the Plaintiffs.

Reasons

1. Facts of recognition;

A. On August 198, D, E, F, G, H, and I agreed to purchase 62,281m2 (hereinafter “instant land before the instant partition”) of Jin-gun, Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do with the burden of purchase price (hereinafter “instant agreement”) as follows: (a) the name of registration, sale, and the burden of capital gains tax; and (b) the said agreement was made as follows (hereinafter “instant agreement”).

In purchasing J 1840 of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, the registration for convenience was transferred under the name of D and E, but it was invested in each of the following as follows, and it is required to trade in the future under mutual agreement, and to pay the transfer income tax and all taxes in accordance with their own investment shares as of July 30, 198, Suwon-gu, Suwon-gu, Seoul, Seoul (4,000) L(3,840 square) E Suwon-si (4,000 square) Seoul, Gangnam-gu, Seoul, Seoul (2,000 square) G Suwon-si L(2,000 (2,00 square) of Gangnam-gu, Seoul, Seoul.

B. D, E, F, G, H, and I purchase the land prior to the instant partition by sharing the purchase price in accordance with the instant agreement, and completed the registration of ownership transfer in the name of E, and D (1/2) with respect to the land prior to the instant partition as the competent registry office of the Daejeon District Court on August 11, 1988, as the receipt of No. 22754 on August 11, 198.

C. D, after the instant agreement, died in around 1998, and the Defendant completed the registration of ownership transfer based on inheritance by agreement division as the receipt of No. 3096 on October 15, 1998 with respect to D portion of the land before the instant partition as to D portion of the land before the instant partition.

F The heir on October 9, 2006 killed the Plaintiffs, Q and children, who were their wife, and Q and Q, as inheritor around October 2009, died with the Plaintiffs, who were their children.

E. On December 11, 2002, 81m2 of the instant land before the instant partition was divided into R&D land in Chungcheongnam-gun, Chungcheongnam-do, and the 61,96m2, which is the remainder of the land before the instant partition, excluding the land partitioned as above, became subject to registration conversion as a forest land in Chungcheongnam-do, Chungcheongnam-do on July 24, 2015.

(f) In addition, on July 31, 2015, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, 61,966 square meters of S forest.