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(영문) 수원지방법원 2017.10.26 2016나67059
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the arguments as to Gap evidence Nos. 1, 2, and 1 (including each number if any) and the fact inquiry as to the tolerance market of the court of first instance as a whole.

The Plaintiffs are the co-inheritors of the Defendant, whose father and the Defendant are his father, (the deceased on April 10, 1984, hereinafter “the deceased”).

B. At the time of the death, the Deceased owned the land of this case under the name of the Defendant on September 3, 1998, with respect to each of the instant land under the name of the Defendant on April 10, 198, the registration of ownership transfer was completed on the grounds of inheritance by consultation and division on April 10, 1984.

2. Judgment on the plaintiffs' assertion

A. The summary of the plaintiffs' assertion was that the defendant completed inheritance registration on each land of this case, which is the inherited property of the deceased, in the name of the defendant, and the sales price was sold and agreed to distribute the sales price to the plaintiffs according to their respective inheritance shares.

Nevertheless, the Defendant did not sell each of the lands in this case by asserting that there is no agreement as above. This is an act interfering with the fulfillment of the conditions, and thus, it shall be deemed that the conditions have been fulfilled pursuant to Article 150(1) of the Civil Act. Thus, the Defendant is liable to pay to the Plaintiffs the amount equivalent to the Plaintiffs’ respective inheritance shares among the market prices of each of

B. The judgment of the court below is consistent with the plaintiffs' evidence No. 5 (K's factual confirmation) that the defendant completed the inheritance registration of each land of this case in the name of the defendant, and that the defendant sold the land of this case and agreed to distribute the sale price to the plaintiffs according to their respective inheritance shares.

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