매매대금
All of the Plaintiff’s appeals against the Defendants and Defendant C’s appeals are dismissed.
Of the appeal cost, the plaintiff, defendant B, and the defendant.
1. Determination as to claims against the Defendants
A. Basic facts 1) The deceased I (the deceased’s death on January 3, 2014, hereinafter “the deceased”)’s legal person is the Plaintiff, Defendant C, who is a child between the deceased J division, and on the other hand, there are children L, Defendant E, D, and M between K division, and Defendant F is L’s children.
2) On January 4, 2007, the ownership of G 1,051 square meters (hereinafter “instant land”) which was originally owned by the Deceased was transferred to the Plaintiff on December 29, 2006, and thereafter on October 14, 2014, the ownership of each of the Defendants 1/5 shares was transferred to the Defendants on September 24, 2014.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Gap evidence No. 6-1, 2, and 3, the purport of the whole pleadings
B. The main point of the Plaintiff’s cause of claim is that the Defendants shall pay to the Plaintiff the amount of KRW 60 million under the sales contract for the instant land and the amount of damages for delay.
Preliminaryly, the Plaintiff rescinded the sales contract by serving a duplicate of the instant complaint on the grounds of the Defendants’ nonperformance of the above payment obligation. Therefore, the Defendants should restore the Plaintiff to its original state and cancel the registration of the transfer of ownership in the name of the Defendants, which completed the instant land.
(c)
Judgment
The following facts and circumstances acknowledged in Gap evidence Nos. 1 through 4, 9, Eul evidence Nos. 1 and 2 added to the purport of the entire pleadings, i.e., the plaintiff delivered necessary documents to the defendants without receiving the purchase price at the time when the registration of transfer of ownership of the instant land was completed under the name of the defendants; on Oct. 14, 2014, the ownership of the deceased was transferred due to inheritance by consultation division on Oct. 3, 2014 under Defendant C’s name on Oct. 3, 2014; on the same day, Defendant B, D, E, and F completed the registration of transfer of ownership for each of the above land on Sept. 24, 2014.