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(영문) 광주지방법원 2020.11.11 2019나59065
매매대금반환
Text

Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiffs' claim corresponding to the revoked part shall be filed.

Reasons

1. Basic facts

A. The Plaintiffs are the siblings who jointly succeeded to the network E, the mother, either as the siblings and children of the deceased J (the shares of inheritance each 1/4), and the Defendant is the mother of the deceased J.

B. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of transfer of ownership was completed in the name of the Defendant on the ground of “sale as of October 30, 201,” which was owned by K Co., Ltd. on the ground of “sale as of October 30, 201,” and the registration of transfer of ownership was completed on the ground of “sale as of December 5, 2014,” around January 23, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 8, and 10, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) On December 5, 2014, the deceased E, the owner of the instant real estate, entered into a sales agreement with the Defendant on the purchase price of KRW 280,00,000 with respect to the instant real estate, and completed the registration of ownership transfer on January 23, 2015, the Defendant did not pay KRW 130,000 out of the purchase price. Therefore, the Defendant is obligated to pay KRW 32,50,000 to the Plaintiffs who succeeded to the network E (the remaining purchase price of KRW 130,000 x inheritance shares 1/4) and delay damages therefrom, even if a title trust agreement on the instant real estate exists between the deceased and the Defendant, the Defendant is obligated to return KRW 280,000,000, KRW 3000, KRW 4000, KRW 3000, KRW 3000, KRW 1500, KRW 3000, KRW 400.

B. Around December 28, 2011, the real estate of this case was sold by the deceased JJ from K Co., Ltd. and was held in title trust under the name of the mother of the deceased E, and the deceased J, for its own needs.

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