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(영문) 서울중앙지방법원 2014.04.18 2013가합75477

매매대금 반환

Text

1. The defendant shall pay 105,00,000 won to the plaintiff and 20% per annum from October 30, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is a clan that consists of the descendants of 23 years of age of CmP D, and the defendant is a member of the net E.

B. 1) Real estate ownership relation, etc. 1) in the name of F, E, each real estate listed in the separate sheet Nos. 3 through 6 (hereinafter “instant real estate”) as the closing cause of the Plaintiff, and the entire real estate in the same list is “each of the instant real estate”.

(2) On February 19, 1971, the registration of ownership transfer was completed on February 19, 1971, and on February 8, 1985, 1/2 shares of the instant 2 real estate, and on June 1, 1985, 1/2 shares of the instant 1/3 in the name of F and E were each transferred on June 1, 1985. 2) After E died on February 28, 1993, the registration of ownership transfer was completed on August 11, 2010 with respect to the instant 1/8 shares of the instant 2 real estate by agreement on the division of inherited property to the Defendant, G, H, and I on August 11, 2010, and the registration of ownership transfer was completed on September 21, 2012 for the shares of G, H, and I on September 21, 2012.

3) Meanwhile, on November 4, 2009, on the Plaintiff on November 4, 2009, F completed the provisional registration of the right to claim the transfer of equity ownership with respect to one-half of the instant immovable property, and the registration of transfer of equity ownership based on the termination of title trust with respect to one-half of the instant 5 and 6 immovable property. C. The Defendant’s disposal disposition on April 15, 2013 (hereinafter “W&S PP Co., Ltd.”)

(D) The 1/2 shares of the instant real estate were sold at KRW 55,00,00 in price, KRW 50,000 in price, KRW 1/2 shares of KRW 1/2 shares of the instant real estate 2 through 6 real estate, and the ownership transfer registration was completed to a TPP. D. A transaction with APPP with regard to each of the instant real estate 1/2 shares of the instant real estate, which was purchased from the Defendant, filed a lawsuit against F, co-owners for partition of co-owned property.

2. F. F. F. F. H. P. P., on September 30, 2013, 1/2 shares of the instant real estate 62 million won.