(영문) 인천지방법원 2019.04.19 2017가합59870 (1)

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.04.19 2017가합59870 (1)

물품대금

Text

1. All the claims of the primary plaintiff and the conjunctive plaintiff are dismissed.

2. The costs of the lawsuit shall be the primary plaintiff and the conjunctive plaintiff.

Reasons

1. Basic facts

A. The party’s relationship 1) The primary Plaintiff is the deceased D (hereinafter “the deceased”).

(2) On August 17, 2001, the primary Plaintiff and the deceased’s co-investment are agricultural partnership established pursuant to Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises.

B. 1) On December 8, 200, the principal Plaintiff and the Deceased purchased each of the real estate listed in the separate sheet No. 1 on December 8, 2000 at the auction procedure and completed the registration of ownership transfer as to each of their 1/2 shares. 2) On January 26, 2008, the Deceased purchased each of the real estate listed in the separate sheet No. 1 through No. 50, and sold on January 31, 2008, one-half shares (hereinafter “real estate sold before inheritance”) of each of the real estate listed in the separate sheet No. 1,821,080,000 (contract No. 400,000, intermediate payment of KRW 1,000,000, the remainder amount of KRW 8,421,080,000, and the registration of ownership transfer was completed on January 31, 2008 in the name of the Plaintiff.

The preliminary Plaintiff paid the Deceased KRW 1,400,000,000 in total as down payment and intermediate payment, but did not pay the remainder KRW 8,421,080,000.

3) The Deceased died on February 6, 2008, and the Defendant, E, and F, the spouse of the Deceased, succeeded to the deceased’s property. The Defendant, E, and F, on June 24, 2008, share 1/2 of the real estate listed in [Attachment 1] among the deceased’s inherited property (hereinafter “sale real estate after inheritance”).

(4) On December 29, 2009, the Defendant agreed to divide the inherited property with the sole ownership of the Defendant, and accordingly, on July 11, 2008, the entire share transfer registration of the Defendant’s name was completed with respect to the sold real property after inheritance. (4) On December 29, 2009, the Defendant sold the sold real property with the purchase price of KRW 180 million after inheritance to the conjunctive Plaintiff.

(hereinafter “sale after inheritance”). The Defendant succeeds to the conjunctive Plaintiff on the same day.

참조조문

-농어업경영체 육성 및 지원에 관한 법률 제16조

유사 판례

-수원지방법원성남지원 2015.11.24 2014가합202093

-수원지방법원성남지원 2016.11.23 2015가합206412

-춘천지방법원 2018.02.13 2017가단53275

-광주지방법원 2016.07.08 2015가합57074

-서울고등법원 (춘천) 2018.10.17 2017나1016