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(영문) 수원지방법원안산지원 2014.12.19 2014가단963
약정금
Text

1. The defendant shall pay 8,00,000 won to the plaintiff (Appointeds), c, D, and E respectively, and 5,33,333 won and each of them.

Reasons

1. Basic facts

A. F and the Defendant, the husband of the Plaintiff (Appointed Party) are siblingsed with a death penalty. F and the Defendant’s mother G were the owners of H large 207.6 square meters and their ground houses in Seo-gu Incheon Metropolitan City (hereinafter “H real estate”).

B. On May 1, 2003, F, the Defendant, and G made the following arrangements (hereinafter referred to as the “instant arrangement”).

He (B) while transferring H real estate from his parents and arranging the sale and purchase of H real estate of this case, H is provided with a thickness of about 3 million won per square as of April 2003, and 3.4 million won per square, among about 60 square meters per square (1800 million won per square) from his parents, the remainder of 14.6 million won will be calculated later.

(Provided, the price may vary, and if the plan for the gree is changed, 3.4 million won he returns the gree deposit (I) and her mother borrowed 2.5 million won from the gree. total of 59 million won.

C. The F and the Plaintiff purchased J apartment 307 dong 203 (hereinafter “instant apartment”) on June 26, 2007 and completed the registration of ownership transfer on the 29th of the same month after purchasing J apartment 307 dong 203 (hereinafter “instant apartment”).

The F died on March 20, 2013, and the Plaintiff (hereinafter “Plaintiff”) and the designated parties (hereinafter “Plaintiff, etc.”) together with the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) comprehensively succeeded to F’s property rights and obligations.

E. Meanwhile, on April 3, 2013, the registration of ownership transfer was made in the name of K (F and the Defendant’s birth) with respect to H real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2, 3, 4, and 6-1, 2-3, 4, and 6, the purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s assertion of the cause of claim, the instant agreement became impossible to implement because the Defendant, who was scheduled to receive the gift of H real estate, sold the real estate to F KRW 180,000,000 to F, and received KRW 34,00,000 from F, but the ownership of H real estate was transferred to K.

The plaintiff et al. who is F's heir will cancel the above agreement by serving a duplicate of the complaint of this case.

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