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(영문) 서울고등법원 2017.04.13 2016나2052829
소유권이전등기말소
Text

1. The plaintiff's appeal and the first and second preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. 1) The Plaintiff was deceased on August 6, 2015 (hereinafter “the deceased”).

2) The Defendant is the only heir of the deceased, who has maintained the relationship with the deceased for about 20 years until the deceased died.

B. On March 15, 2010, the Defendant concluded a sales contract for each of the instant real estate between the Defendant and C (i.e., the conclusion of a sales contract for each of the instant real estate) with C, to purchase each of the instant real estate owned by C from C, with the purchase price of KRW 7.7 million, and the down payment of KRW 50 million shall be paid on the date of the contract, and the remainder of KRW 657 million, excluding the Defendant’s obligation to return the lease deposit succeeded to, among the remainder of KRW 657 million, KRW 52 million,000,000,000,0000,000,000,000 won, excluding the remainder of KRW 135,50

(C) On November 18, 2009, the day before the conclusion of the instant sales contract between the Defendant and C, which was made with respect to each of the instant real estate, the validity of the instant sales contract (the conclusion of the instant sales contract seems to be lost due to the conclusion of the contract).

In the buyer’s column, the buyer was the deceased, and there remains a trace modified as the defendant. On March 17, 2010, the registration of transfer of ownership in the name of the defendant (hereinafter “instant registration of transfer of ownership”).

Upon completion of each of the instant immovables, the maximum debt amount of KRW 390,000,000,000,000 for each of the instant immovables at that time, C, the debtor C, and C, the Korea Community Credit Union (hereinafter “C,”)

) The establishment registration of a neighboring mortgage (hereinafter referred to as the “mortgage of this case”) is the “mortgage of this case”.

(2) On November 18, 2009, the Deceased paid KRW 50 million to C as down payment under the instant sales contract, and received a receipt (the Deceased) from C as of November 18, 2009, and on the other hand, paid KRW 100 million as part of the sales balance under the instant sales contract on February 20, 2010, and thereafter paid KRW 100 million from C as of February 20, 2010.

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