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(영문) 수원지방법원성남지원 2016.11.23 2015가합206412
출자좌수 양도 무효확인 등
Text

1. The transfer contract dated December 31, 2009 between the Plaintiff and the Defendant on the number of contribution units indicated in the attached Table of contribution units.

Reasons

1. Basic facts

A. The Defendant is the representative director of CF association (hereinafter “instant farming association”) and the Plaintiff’s husband’s husband (hereinafter “the deceased”).

B. On December 8, 200, the deceased and the defendant purchased parcels of 55 square meters and 1/2 shares in the auction procedure in Seosan-si E, Seosan-si, 30846 square meters, and completed the registration of ownership transfer for each one-half share.

C. The Deceased was on January 16, 2008 to the farming cooperative of this case.

Around January 31, 2008, part of the real estate stated in Paragraph (1) sold the sales price of KRW 9.821,080,000,000, to which one’s own shares (hereinafter “real estate sold before inheritance”) was determined as KRW 9.8 billion. On January 31, 2008, the farming association entered into an agreement with the instant farming association to pay the balance of KRW 9.421,080,000 for the real estate sold before inheritance.

The Deceased died on February 6, 2008, and the Deceased owned the number of contribution units indicated in the attached Table at the time of the Deceased’s death (hereinafter “instant contribution units”).

The deceased’s heir was the Plaintiff, son F, and son G, and was the deceased’s heir, and was the deceased’s inherited property.

The Plaintiff possessed the remainder of the real estate other than the real estate sold before inheritance (hereinafter referred to as “sale real estate after inheritance”) among the real estate mentioned in paragraph (1) and prepared a written agreement on division of the inherited property with respect to which the heir would have divided the inherited property by inheritance shares.

E. On August 7, 2009, the Plaintiff, F, G, and the farming cooperative of this case drafted a written agreement on the deceased’s inherited property. The contents are as follows, and accordingly, the shares of this case were inherited by the Plaintiff.

Agreements

1. The land B (Defendant) was farmland acquired through the court auction on December 8, 2000 and cultivated and managed the said land by establishing “B” (the instant agricultural cooperative). Of them, the share owned by D (the network) on January 31, 2008.

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