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(영문) 서울중앙지방법원 2017.10.24 2017가합506856
채무존재확인등
Text

1. The Cheongju District Court completed the receipt of May 15, 2012 No. 59542 with respect to each real estate listed in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendants are children of E born between E and his/her spouse under the law (E and his/her spouse are children born between E and his/her spouse), and the Defendants are also children of F and G, in addition to the Defendants.

(2) The Plaintiff is a person who has maintained a de facto marital relationship with E for about 35 years from July 25, 1980 to March 30, 2015 where E died after the legal spouse of E died.

B. E’s testamentary document preparation E entered into a de facto marital relationship with the Plaintiff. On October 28, 1981, upon his death, written documents (Evidence No. 11) containing the content on how his/her own children, such as the Plaintiff and the Defendants, should have distributed the property, and written his/her authentic will once again.

(No. 6634 of 1991, No. 9793 of 2001, No. 10032 of 2002, No. 23962 of 2003).

Plaintiff

1) E on May 11, 2012, 2012, including the process of the establishment of the provisional registration for the right to claim ownership transfer under the name, E is each real estate listed in the separate sheet owned by the Plaintiff and its own (hereinafter “each of the instant

(A) No. 4, hereinafter referred to as “instant pre-sale agreement”) with respect to the pre-sale agreement

prepared, and the contents thereof are as follows:

Article 1 Section E promises to sell each of the instant real estate at a price of five billion won to the Plaintiff, and the Plaintiff approves the sale.

Article 2. The date of the completion of the sale and purchase agreement shall be December 31, 2012, and the sale and purchase agreement shall be deemed to have been completed as a matter of course without the Plaintiff’s declaration of intent to complete the sale and purchase agreement.

When the sale has been completed pursuant to Article 3(2), E and the Plaintiff shall enter into a sales contract for each of the instant real estate, and E shall, while receiving the price under Article 1 from the Plaintiff, carry out the procedure for the registration of transfer of ownership due to the sale of each of the instant real estate to the Plaintiff.

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