beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 5, 2013, the Plaintiff remitted KRW 45,000,00 to Nonparty D (the deceased on October 10, 2014, hereinafter “the deceased”).
B. On July 11, 2013, the Deceased purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) and following:
7. 12. The registration of ownership transfer was made in the name of the Deceased.
C. The Plaintiff and the Deceased sent SNS letters that discussed the disposal of the instant real estate from September 17, 2014 to October 8 of the same year.
The Deceased died on October 10, 2014, and Defendant B, as the wife of the Deceased, and Defendant C, as the deceased’s children, jointly succeeded to the Deceased. On December 23, 2015, the Jeonju District Court Decision 2015Mo1139 was rendered.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 (including virtual numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserted 1) around July 5, 2013, upon receipt of an investment proposal to purchase the instant real estate, etc. from the Deceased and to develop it as a site for stock farms, the Plaintiff paid KRW 45,00,000 to the Deceased on July 5, 2013. However, the Deceased purchased the instant real estate and agreed to register it under the name of the Plaintiff and the Deceased, and completed the registration of ownership transfer on July 12, 2013 under the name of the Deceased.
3) After the Deceased’s failure to properly carry out the business originally scheduled, the Deceased agreed to cancel the investment contract between the Plaintiff on August 1, 2014, and return KRW 45,00,000 to the Plaintiff. 4) Accordingly, as co-inheritors of the Deceased’s co-inheritors, the Defendant B is liable to pay the Plaintiff damages for delay as stated in the claim from August 2, 2014, based on their inheritance shares (i.e., KRW 45,00,000, KRW 3/5 of the inheritance shares). Defendant C is liable to pay the damages for delay as stated in the claim from August 2, 2014, following the date of the return agreement, with respect to each of the above amounts (= KRW 45,00,000, KRW 2/5 of the inheritance shares).
B. We examine the judgment, and examine the facts as seen earlier.