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1. Revocation of a judgment of the first instance;
2. As to the Plaintiff, Defendant B’s share in the real estate stated in the separate sheet.
Reasons
1. Basic facts
A. The Plaintiff is the mother of F, Defendant B is the wife of F, and the remainder of the Defendants are F’s children.
B. The Plaintiff holds a sales contract (hereinafter “instant sales contract”) and a receipt as of January 29, 1993, stating the following. All of the contents stated in the said sales contract and the receipt are printed in a similar word, and the F’s seal is affixed to the name of “F” as indicated in the said sales contract and the receipt.
A seller of real estate: A seller and a buyer shall enter into a sales contract by agreement as follows:
Article 1 (Indication of Real Estate) The indication of a building for one unit of building: The indication of a building with H apartment I-dong section located in the G in the Sungnam-si, Sungnam-si: The indication of a site ownership of the 1st floor of the wall-style structure J of the iron farm 133.89 square meters: the above G land ownership 97,71/41/70, 7045.2 (Sale Price and Time) The sale price and time shall be as follows:
1. Sales amount: 130,000,000 won;
2. Time to pay: To pay and receive in full the purchase price as soon as a contract is concluded;
(hereinafter omitted) On January 29, 1993: F buyer: F buyer: A receipt: 130,000,000 won: He received the above amount in full.
F Return on January 29, 1993
C. The F died on July 2, 2002 (hereinafter “the deceased”), and Defendant B, his wife, jointly succeeded to the rights and obligations of the deceased’s property in shares of 3/9, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff lent approximately KRW 300 million to the Deceased, such as the sale price of the instant real estate, marriage funds, etc., and that the Plaintiff would receive the instant real estate from the Deceased as a repayment thereof, and prepared the instant sales contract.
Therefore, the Defendants, as the inheritors of the Deceased, are the Plaintiff.