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(영문) 서울중앙지방법원 2020.02.12 2019가단5075491
약정금
Text

1. Defendant F: (a) KRW 60,000,000 for the Plaintiff and 5% per annum from December 20, 2017 to June 6, 2019.

Reasons

1. Facts of recognition;

A. Defendant F’s acquisition of land ownership and the creation of family seedlings 1) The G land in the Yannam-gun (hereinafter “instant land”).

(2) On October 7, 1986, co-inheritors, including the Plaintiff, etc., died on September 15, 1980, and succeeded to the registration of ownership transfer based on the sale of the instant land to Defendant F on the same day.

3) Defendant F is the first clan (hereinafter “the clan”).

A) The Plaintiff et al. is the end descendants of the Plaintiff et al. (hereinafter “Defendant F”). The Plaintiff et al. stated that nine or nine graves, including the deceased H’s grave, were buried in the instant land, and that the portion of the Defendant F’s statement in the document No. 1 stated that there was ten or more graves among the document No. 1, the part of the Defendant F’s statement. B. Around June 13, 2016, Defendant F entered into a real estate sales contract (hereinafter “instant sales contract”) with Defendant B, C, D, and E (hereinafter “Defendant B, etc.”) to sell the instant land to Defendant B, etc. on the following terms: (a) the purchase price of the instant land was KRW 130 million (contract amounting to KRW 30 million, KRW 1600,000,000, KRW 3000,000,000,000) and KRW 136,000,00,000).

When a transfer of ownership is made, the purchaser may change the transfer.

2) Around August 2016, Defendant F shall agree to pay to the Plaintiff KRW 60 million out of the remainder of the purchase price of the instant land, in return, if the Plaintiff changed the Plaintiff’s grave located in the instant land (hereinafter “instant agreement”).

A. Before 200:

Accordingly, Defendant F, on August 21, 2016, paid to the Plaintiff KRW 60 million out of the balance of the purchase price of the instant land and the cemetery equipment.

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