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(영문) 창원지방법원진주지원 2019.12.03 2019가단3604
매매대금 계약금
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. The plaintiff's ground for claim

A. On March 1, 2017, the Plaintiff entered into a contract to purchase 155 square meters of 672 square meters and 155 square meters of 672 square meters and 155 million square meters of the entire land in Gyeongnam-gun, Chungcheongnam-do, E, Nam-gun, and F, a housing site seller (hereinafter “the network”), and paid down payment of KRW 50 million and intermediate payment of KRW 70 million.

However, after the intermediate payment, the construction of civil engineering works, access roads, electricity, and water supply and sewerage works were delayed, and the Plaintiff notified the Deceased of the termination of the real estate sales contract on January 2019, the Deceased is obligated to return the down payment and the intermediate payment to the Plaintiff.

B. On March 21, 2018, the Deceased died, and the said obligation against the Plaintiff was inherited by the deceased’s spouse and the Defendants, who were his children, according to the statutory inheritance ratio.

Therefore, the defendants are obligated to pay the money stated in the purport of the claim to the plaintiff.

2. Determination

A. The deceased died on March 21, 2018, and the Defendant B and C, the spouse of the deceased, filed a declaration of renunciation of inheritance with the court 2018-Ma10045 to waive the inheritance of the deceased’s property, and the above court on May 23, 2018 accepted the report by the Defendants on the waiver of inheritance.

B. Therefore, since the Defendants retroactively lost the status of inheritor upon the waiver of inheritance, the Defendants’ assertion based on the premise that the Defendants are the deceased’s inheritor is without merit.

3. In conclusion, the plaintiff's claim against the defendants is dismissed in entirety as it is without merit. It is so decided as per Disposition.

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