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(영문) 창원지방법원마산지원 2017.09.13 2016가단9585
매매대금
Text

1. Defendants B, C, D, E, and F, within the scope of the property inherited from the deceased I by the deceased, each of the KRW 33,33,33,33, and Defendant G, respectively.

Reasons

1. Facts of recognition;

A. On December 20, 2006, J purchased from the Plaintiff for KRW 264.01 square meters of Class I neighborhood living facilities (hereinafter “each of the instant real estate”) of the first floor of Changwon-si, Changwon-si, Masan-si, K 370.9 square meters and its ground brick structure (refinites), concrete slab bars, and lightweight steel structure, at KRW 790 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer for each of the instant real estate on December 27, 2006.

B. On December 27, 2006, a notary public L drafted a notarial deed of the Monetary Loan Agreement No. 1236 of 2006 (hereinafter “notarial deed of this case”) with the content that “the plaintiff shall pay 790 million won to J on December 27, 2006, with a maturity of KRW 790 million as of March 26, 2007, and with a maturity of 12% as of March 26, 2007.”

C. On March 13, 2007, the Plaintiff received KRW 590 million as part of the loan principal from J. D.

On October 1, 2008, the J died after having left Defendant G and H, who is a child, as a bereaved family member.

E. On October 27, 2008, Defendant G and H reported the renunciation of inheritance to the Changwon District Court as the deceased’s heir, and the said court rendered a ruling accepting the said renunciation of inheritance as the deceased’s heir on November 20, 2008.

F. M, the father of the deceased J, died on May 30, 1981 before the deceased, and I, the mother, died on January 17, 2016.

(g)in the family relations register of the deceased I, the defendant B, C, D, E, F and the deceased J are registered as the children of the deceased I;

H. On February 16, 2017, Defendant B and F reported the qualified acceptance as the heir of the Changwon District Court Msan Branch I. On March 17, 2017, the said court rendered an adjudication to accept the report on the qualified acceptance of the said report under the Act on March 17, 2017.

(i) On August 9, 2017, Defendant G and H reported the qualified acceptance as the deceased I’s substitute heir with the Changwon District Court Decision 2017 Madan100555 Decided August 9, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including virtual numbers), Eul evidence 1 to 3, Eul's evidence 1 to 1.

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