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(영문) 인천지방법원 2015.04.21 2013가합9365
정산금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A is the network D (hereinafter “the network”).

(2) The deceased died on April 26, 2005, and on September 8, 2005, the deceased’s wife and the Plaintiff B jointly inherited the deceased’s property.

B. The purchase of F land in Incheon Strengthening-gun is 1), G, H on May 20, 2003, G, and H are 1,420 square meters of forest land in Incheon Strengthening-gun (hereinafter “instant F land”).

(2) On November 17, 2003, the registration of ownership transfer was completed in the name of the Defendant on December 17, 2003, on the following grounds: (a) the buyer sold KRW 649 million; and (b) the buyer’s name was changed to the Defendant; (c) the buyer transferred or withdrawn from the deposit account in the name of the deceased and the Defendant; and (d) the payment was made to G; and (e) the instant F land was made on December 17, 2003.

3) On the ground of the instant F land, commercial buildings were newly built, and the registration of ownership preservation was completed on December 24, 2003 under the Defendant’s name. C. On August 5, 2003, K sold to the deceased, J, L, M, N, 4868 square meters (hereinafter “the instant O land”) at KRW 875 million, and the purchaser column under the sales contract stated “D et al. 10 persons” in the purchase contract.

2) The above purchase price was paid by means of transfer, etc. from the deposit account in the name of the deceased and the defendant, and K prepared and issued a receipt in the name of the deceased or the defendant. 3) The instant O land was divided into several parcels, and the deceased sold some of them to P, etc., and the ownership transfer registration was completed immediately without going through the defendant or the deceased.

1) On the other hand, the Defendant’s account books concerning land purchase, construction cost, etc. (hereinafter “instant account books”).

2) According to the records from July 11, 2003 to May 20, 2004, the records include records on the purchase price, construction price, etc. of the instant F and O land, and most of the input deposits are included.

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