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(영문) 창원지방법원통영지원 2015.12.24 2014가단10693
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) was the owner of 7057/8926 shares out of 3256 square meters of forests and fields (the conversion into I on November 8, 2005) H(7057/8926 shares among 3256 square meters of forests and fields, barring any special circumstance, in marking the location of land E (hereinafter “the land”).

(1322/8926 Equity shares are J, 547/8926 Equity shares are owned by K, respectively).

The Deceased was the owner of 7604/8926 shares among L (the conversion into M on November 8, 2005) forest land of 1454 square meters.

(1322/8926 Equity interest is owned by J).

The Deceased was the owner of 7604/8926 shares out of 4216 square meters of forests and fields N (the conversion into O on November 8, 2005).

(1322/8926 Equity interest is owned by J). (d)

The Deceased was the owner of P (Merger into Qa on January 25, 2006) not less than 955§³ prior to the merger into Qa.

[This case’s land (or the deceased’s share) of H, L, N, and P prior to the above registration conversion or merger is added up and “the instant land”.

On December 27, 2004, the Deceased prepared a sales contract for the instant land (hereinafter “instant contract”) with Defendant B and nine and the purchaser.

F. According to the instant contract, the sales amount is 2.5 million won, and the down payment is paid and received at the time of the contract, and the balance is paid in February 17, 2005, and the balance is paid in February 17, 2005, and the remainder is to be handled by lending the bank at the time of settlement of the balance.”

G. On the other hand, on December 27, 2004, the deceased drafted a statement of performance that “Although the total size of the instant land was KRW 2528,000,000,000,000,000,0000,000 won under the contract, it shall be returned at the time of the balance settlement by entering into a contract with the KRW 2,528,000,000,000,000,000 won.” (hereinafter “each of the instant notes”).

H. On February 3, 2005, the deceased died on February 3, 2005 (the President Seo Young-dong Red Cross Hospital located in Seo Young-dong 163-22, and the private person died on his own) and the deceased’s heir as wife, children S(T), the plaintiff, U,V, W, X, and deceased.

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