beta
(영문) 대구지방법원 서부지원 2018.05.10 2017가합51000

소유권이전등기

Text

1. The Defendant: (a) KRW 120,000,000 within the scope of the property inherited from the networkD to the Plaintiff; and (b) April 2018.

Reasons

1. Facts of recognition;

A. On April 7, 2017, the Plaintiff entered into a contract with Nonparty D (hereinafter “the deceased”) to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 1,700,000,000 (hereinafter “instant contract”) and paid the deceased the down payment of KRW 20,000,000 in the date of the contract, respectively, on April 12, 2017.

B. The Deceased died on April 23, 2017.

C. On May 12, 2017, the deceased’s spouse E, his child F, and G filed a report of renunciation of inheritance with the Daegu District Court on May 12, 2017 and received a judgment from the said court on June 13, 2017 on the acceptance of the said report of renunciation of inheritance.

(G) Daegu Family Court 2017 D. D.

The father He died on December 5, 2005, and his mother died on March 5, 1983.

E. J, R, R K, net L, network M, Defendant, and N are siblingss of the Deceased, and the network K died on January 8, 1982, the network L on May 25, 1985, and the network M on October 25, 195.

O is the spouse of the network K, and P and Q are their children.

R is M's spouse, and S(T) is his child.

On November 17, 2017, the Defendant filed a report on the succession ceiling approval with the Daegu Family Court on January 23, 2018, and received an adjudication on the acceptance of the succession ceiling approval report from the said court on January 23, 2018 (Seoul Family Court 2017D2873), and filed a report on the renunciation of succession with the Daegu Family Court on November 17, 2017, and received an adjudication on the acceptance of the succession waiver report from the said court on January 16, 2018.

Daegu Family Court (2017-Jak 2874, 2017-Jak 2875, 2017-Jak 2876)

F. On July 28, 2017, the instant real estate is under way in the process of the auction of real estate by Seo-gu District Court Branch U.S. at the request of the Daegu District Court, the mortgagee of the right to collateral security.

G. On March 19, 2018, the Plaintiff expressed to the Defendant a wish to cancel the instant sales contract on the grounds of nonperformance and non-performance refusal. The Defendant received a copy of the said application on March 22, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 15.