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(영문) 대전지방법원 천안지원 2018.02.13 2016가단4699
매매대금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant is from April 15, 2016 to KRW 100,000 and its amount.

Reasons

1. Basic facts

A. On December 1, 2009, the Plaintiff clan entered into a real estate sales contract (hereinafter “instant real estate sales contract”) with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) with a purchase price of KRW 130,000,000, down payment of KRW 30,000,000, and the remainder of KRW 100,000,000 and sold to the Defendant. Accordingly, on February 1, 2010, the Plaintiff clan completed the ownership transfer registration (hereinafter “instant ownership transfer registration”).

B. At the bottom of the instant real estate sales contract, the lower part of the sales contract states that “The seller shall offset the amount of KRW 10 billion against the buyer’s KRW 20 million borrowed from the buyer on December 2009.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 2 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the Defendant’s main defense

A. The defendant's argument that the defendant's clan held on November 13, 2009 the board of directors on November 7, 2009 to resolve the separation of the clans from the C that were of the C that of the D that of the D that of the D that of the D that of the plaintiff clans held on December 30, 209, and the dissolution of the plaintiff clans was dissolved at the general meeting

Therefore, the case of this case is unlawful because it is only the representative of the plaintiff's clan, not the representative of the plaintiff's clan, but also the representative of the Fran's separated from the plaintiff's among the representatives.

B. A clan within its unique meaning of the relevant legal principles is a naturally created family association consisting of the descendants of a common ancestor who have attained majority or more as its members without requiring special organization activities for its establishment. Whether a clan falls under its unique meaning shall be determined by considering the purpose of the clan, its establishment and organization circumstances, its scope and qualification criteria, its contents, etc., and it shall be determined by considering the contents of the rules of the clan. Accordingly, the members of the already established clan.

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