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1. Revocation of the first instance judgment.
2. The Defendants are 1.0% of each real estate listed in the separate sheet to the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 4, 2009, the Plaintiff entered into a sales contract with G, H (G) and I to sell KRW 3174 square meters of forest E, which was owned by the Plaintiff (hereinafter “instant land before the instant partition”) to G as the purchaser, and received KRW 30 million of the same day as the down payment, and KRW 70 million in total as KRW 40 million on June 15, 2009.
B. The Plaintiff received down payment of KRW 70 million at the request of G, I, etc., and upon the request of G, I, with respect to the share of KRW 4/10 of the instant land before the instant partition, G with respect to the share of KRW 3/10, and with respect to the share of KRW 3/10, with respect to the share of KRW 3/10, with respect to the shares of KRW 3/10, and with respect to the share of KRW 3/10, the Plaintiff completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) on June 15, 2009, with the receipt of No. 32905 on June 16, 2009, with respect to the share of KRW 4/10 of the instant provisional registration on August 23, 2010, H acquired the said J-4/10 shares, and the said shares of KRW 3/10 of G on May 7, 2012.
C. Meanwhile, I completed the additional registration prior to the provisional registration of this case in the name of the Deceased on December 22, 2009 as the Busan District Court’s Northern District Court’s receipt of No. 75693, Dec. 22, 2009, as security for the obligation to K (hereinafter “the deceased”), and the Deceased died on October 5, 201, and the Defendants are the deceased’s children.
As of June 30, 2011, G and H prepared a letter stating that “I waives all the rights to the land before the instant partition.” On the same day, the Plaintiff entered into a new sales contract with H to sell the land before the instant partition in the amount of KRW 750 million.
E. The Plaintiff filed a lawsuit seeking cancellation of provisional registration No. 2013da52581 with Busan District Court. In the instant lawsuit, “the instant sales contract was rescinded on June 30, 201 due to the remainder of G, I, etc., and accordingly, the sales contract was rescinded.”